VT Letter Advice Before 1/2 has been paid

[SID160991SID]

MY NAME ADDRESS AND PERSONAL INFORMATION REMOVED

FCA Automotive Service
PO Box 4465
Slough
SL1 0RW

First class recorded post and email to Service-Centre@fcagroup.com



25 April 2019
Agreement Number:


Dear Sir or Madam,

Re: Termination of Personal contract purchase (PCP) pursuant to section 99 of the Consumer Credit Act 1974 (“CCA 1974”)

I am writing to inform you that I am exercising my right to terminate the above agreement with immediate effect in accordance with Section 99 of the CCA 1974. it is my understanding that I have paid 24 monthly payments which amounts to £8988.48 and in order to discharge my liability I have calculated I need to pay a further payment of £2993 to meet the threshold of 50%, please confirm in writing that my calculation is correct or if it is incorrect then please provide a full explanation as to how you have calculated the amount you believe to be owed, including an itemised breakdown of what's been paid to date.

I have also inspected the vehicle and I am of the opinion that it is in a reasonable condition given its age whilst accounting for fair wear and tear. Photographic evidence has been taken in the event of any future dispute as to the state of the vehicle.

Finally, I would remind you that as a consequence of terminating the agreement under Section 99 of the CCA 1974 and having met the relevant criteria under S.100(1) of the CCA 1974, my liability is limited to one half of the total price payable. Any additional costs, expenses, compensation or otherwise relating to a breach of the agreement are irrecoverable. The vehicle is available to collect and arrangements should be made at your own cost. Although I am prepared to deliver the vehicle to a local auction site at my own expense. If, however, you prefer the vehicle to be delivered elsewhere, then I will require an undertaking from you agreeing to pay my reasonable costs and expenses prior to it being delivered to your preferred location.

I would appreciate if you could contact me on within the next 14 days to discuss the next steps.

Yours faithfully,

Any advice would be appreciated R0b

[R0b]

Did you take up any other products on top of the vehicle such as GAP insurance or minor damage cover?

[SID160991SID]

Nope i don't think there are any other products attached to the PCP.

[R0b]

Looks fine to me

[SID160991SID]

Thank you, is it likely they will try to make the VT difficult is there anything i need to be aware of? Thanks.

[SID160991SID]

Dear

Thank you for confirming your intent to Voluntary Terminate.

Please accept this email as confirmation we have successfully logged your intent to Voluntary Terminate. This is now irreversible.

Within the next 1-5 working days our End of Contracts department shall transfer your details to our Agents. They will then be in contact to arrange the inspection and collection of the vehicle.

If you have not heard anything within the next 5-7 working days please email Endofcontracts@fcagroup.com


Kind regards,

N
Customer Care Specialist

There response

[SID160991SID]

R0b

Hello sorry to bother you..... Again...... I've had an email confirming they've instructed an auctioneer to collect the vehicle i read it as they want to apply a charge of £138.29 for the collection??


Dear,

I can confirm that your Voluntary Termination has been processed as such please cancel your direct debit today.

Our agents at Manheim Auctions have been instructed to inspect and collect the vehicle and their details are below:

bookings@manheim.co.uk
03331361025

If you do not hear from Manheim within 3 days, please contact them to arrange a booking.

To ensure a successful collection, the vehicle must be roadworthy and you must adhere to your booking with Manheim. You also need to have the original V5 document, the tyre tread depth must be the legal minimum of 1.6mm and the vehicle must not have any warning lights illuminated, overdue MOT, etc. Failure to meet these requirements would result in an aborted collection which is £170.37 and you would be liable. Please check the vehicle carefully before the collection takes place to avoid a potential abort charge.

Important: Please remove section 9 (yellow) of the V5 and add ‘GOING TO TRADE’. You must ensure that you send section 9 (the yellow slip) to the DVLA the day the vehicle is collected/handed to Manheim. If you can deliver the vehicle to the auction house, the collection fee of £138.29 will not apply.
The VAT number and Motor Trader signature are not required as such please leave them blank. Please keep a copy of the V5 for your records as you may need the document reference number at a later date.

Your nearest Drop off point address is as below:

Manheim Colchester
Colchester Rd,
Frating,
Great Bentley,
Colchester
CO7 7DX
If you do not receive acknowledgement from the DVLA within 4 weeks that you’re no longer the registered keeper, you need to contact them to ensure their records are updated. If you are still recorded as being the registered keeper, you may receive penalties as they will assume you are driving the vehicle without tax or insurance.

The inspection will be carried out in your presence and any areas of damage (if any) will be brought to your attention on the day. You will be given a report to sign that shows you were present however please note that by signing the report, you still maintain your right to dispute any charges with us at a later date. The only charge that the Manheim agent cannot confirm is excess mileage as such the agent will take a photograph of the odometer. Please ensure that you have all items and accessories that came with the vehicle to avoid being charged, for example; the spare key, locking wheel nut, service book, etc. A third party can deal with the inspection/collection on your behalf provided they are 18 years old or over as such if this applies to you, please forward this email to them for their reference.

After the vehicle has been returned we will write to you in due course to confirm and finalise charges (if any).

If we can assist further, please contact us using the details below.

Kind Regards

J C

End of Contracts & Loyalty Specialist


Tel. +44(0)344 561 4997

Fax. +44(0)1753 694 150


endofcontracts@fcagroup.com


FCA Automotive Services UK Ltd


240 Bath Road, Slough, Berkshire,
SL1 4DX, United Kingdom





Any information or advice about moving forward would be much appreciated.

Thanks.

[R0b]

Yes it does read as £139 for collection. IF you dispute this then you should write back and let them know that you are not obliged to pay, your liability is limited to 50% of the total price of the contract, and collection is at their expense.

[SID160991SID]

Dear Sir or Madam,


Re: Termination of Personal contract purchase (PCP) pursuant to section 99 of the Consumer Credit Act 1974 (“CCA 1974”)


Thank you for the below confirmation of your procedure for collection, i strongly dispute the delivery charge £138.29 implied below,

As previously mentioned, as a consequence of terminating the agreement under Section 99 of the CCA 1974 and having met the relevant criteria under S.100(1) of the CCA 1974, my liability is limited to one half of the total price payable. Any additional costs, expenses, compensation or otherwise relating to a breach of the agreement are irrecoverable. The vehicle is available to collect and arrangements should be made at your own cost.



Regards,

R0b

Does that look like a reasonable response? Is there anything else worth adding? Thanks

[R0b]

"Furthermore, Section 173 of the CCA (Contracting-out forbidden) states that any term in a regulated hire-purchase agreement is deemed void if it is inconsistent with any provision under the CCA that protects the debtor. It also confirms that a term of the agreement is inconsistent with the CCA if it purports to impose additional liability or duties on the debtor (whether directly or indirectly) contrary to that provision in the CCA.

Accordingly, the collection charge you purport to impose on me should I not return the vehicle to a location of your choosing is inconsistent with the limited liability under Section 100(1). I shall therefore not be paying it."

You could include the above if you so wish.

[SID160991SID]

Dear Sir or Madam,

Re: Termination of Personal contract purchase (PCP) pursuant to section 99 of the Consumer Credit Act 1974 (“CCA 1974”)

Thank you for confirming your procedure for collection, I strongly dispute the collection charge of £138.29 implied below.

As previously stated in my original correspondence regarding the termination of this agreement, under Section 99 of the CCA 1974 and having met the relevant criteria under S.100(1) of the CCA 1974, my liability is limited to one half of the total amount payable. Any additional costs, expenses, compensation or otherwise relating to a breach of the agreement are irrecoverable.

Furthermore, Section 173 of the CCA (Contracting-out forbidden) states that any term in a regulated hire-purchase agreement is deemed void if it is inconsistent with any provision under the CCA that protects the debtor. It also confirms that a term of the agreement is inconsistent with the CCA if it purports to impose additional liability or duties on the debtor (whether directly or indirectly) contrary to that provision in the CCA.

Accordingly, the collection charge you purport to impose on me should I not return the vehicle to a location of your choosing is inconsistent with the limited liability under Section 100(1). I shall therefore not be paying it."

The vehicle collection should be made at your own cost.

Kindest regards,

Sorry R0b Is that likely to work?

Thanks.

[R0b]

Looks fine but you forgot to delete the speech mark at the end of that paragraph.

[SID160991SID]

Oh yeah thanks

[SID160991SID]

Good Afternoon,


The charge for collection is covered in sections 4.4(b) and 11.1(a) of your terms and conditions which makes reference to the return of your vehicle to us. If you do request us to collect the vehicle from you, you have agreed to ‘pay us the reasonable costs and expenses we incur…at the rates charged to us by our suppliers’. The current rate charged to us by our suppliers is £139.

Please be assured it is simply our intention to cover our costs. In addition, this charge only becomes applicable if you wish to return your vehicle to us rather than part exchanging or keeping the vehicle. You will also have the option of arranging to drop the vehicle off at a pre- agreed auction site, for which there is no charge.

Kind regards,

M
End of Contracts & Loyalty Specialist

Could you possibly advise on a response? Sorry.

R0b

[R0b]

You are not actually returning the car but instead terminating the whole agreement (it is not one and the same).

The contract is based on common law decided by the court system whereas the limited liability is a statutory right of protection under the CCA enacted by Parliament; just because someone is in a contract doesn't mean to say you are obliged to pay it.

Acts of Parliament are the highest authority in the land and where a conflict exists between an Act of Parliament (in your situation it is the CCA) and a contract, the Act prevails.

M needs to brush up on his or her contract law skills, this is basic knowledge.