VT Letter Advice Before 1/2 has been paid

[SID160991SID]

*REMOVED*

[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 response below, although factually incorrect as I'm not returning the car but instead terminating the whole agreement (it is not one and the same).

The contract is based on common law which as I'm sure your aware is decided by the court system whereas the limited liability is a statutory right of protection under the CCA enacted by Parliament just because someone (me) is in a contract doesn't mean to say I am obliged to pay the charge £138.29 imposed by yourselves.

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


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


To summarise the vehicle collection should be made at your own cost.


Kindest regards,


R0b

Does that sound reasonable? I don't want to sound stupid haha :s

[SID160991SID]

Also R0b do you have any advice on damage that was already caused to the vehicle? There are some bits of damage that were already present at the time of signing the agreement.

[R0b]

Hi Sid, I'm not going to give my approval on every letter you post up because theres already a lot of information on here about how to challenge the charges, I dont think it requires much for me to look at since what you are posting is what I've created myself or others in a similar position have created.

99% of the posts on here are exactly the same issue that had already been addressed and its simply a case of stand your ground or pay up.

As for the damage already being there you should search the forum for "Brady v St Margaret's Trust" and you'll find an explanation on that.

I'm sorry if I'm coming across as being harsh but I also work full time so I'm not always around to respond and you shouldnt sit around waiting for me. It would be very difficult to cock up any argument on end of contract charges unless you deviate from the arguments raised on this forum.

[SID160991SID]

No problem R0b i completely understand i just don't want to make myself sound a tit.

Anyway they responded to the email see below,

Good Afternoon,

I have discussed with our Customer relations team and as this is a cost within your Terms and conditions we are able to charge, however as a gesture of goodwill I have ensure your collection will be free of charge. Please contact Manheim to get the vehicle booked in asap.

Kind regards,

M S
End of Contracts & Loyalty Specialist

[SID160991SID]

Today the car has been collected by Manheim and i didn't sign anything they tried telling me i have to so they've got permission to take it, i just pointed out i am not the legal owner and they have been instructed by the owner to collect the car.... They picked up on a scratch that apparently needs a £65 smart repair and a chip in the screen which they've quoted £365 for which has been there since we got the car. Plus there will be around £300 in excess milage..... See how this goes.... Watch this space....

[R0b]

Good luck, keep us updated.

[SID160991SID]

Hello R0b pt2537

Would you mind just reading my response to FCA, I think I've pretty much got it covered but obviously don't want to admit and liability ect.


FCA Automotive Service
PO Box 4465
Slough
SL1 0RW


17 May 2019

Agreement Number:
Vehicle Registration:

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 further the letter received dated 14/05/2019 with regard to excess mileage, and “unacceptable damage”.

In your letter, you have included £267.90 for 4,465 miles @ 6 pence per mile which I neither agree nor deny I would remind you that as a consequence of terminating the above mentioned 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, we are in agreement at £2993.00. The excess mileage you claim to be owed is a contractual clause which imposes additional liability and as previously comunicated, any additional costs, expenses, compensation or otherwise relating to a breach of the agreement are irrecoverable.

In response to the “unacceptable damage” that you have referred to in your letter claiming £430.33 I would like to point out that this was a used car and, I strongly deny the damage you are referring to was caused by myself, or while in my possession, please refer to your agent, who I'm sure would be happy to confirm any damage you have referenced was present at the time of commencement of the aforementioned agreement.

As a gesture of goodwill, without any admission or agreement to further additional liability, I am willing to make a final settlement offer of £3100, this is on the understanding of a full and final settlement in regards to the agreement, this offer will only be available with written agreement and if accepted within the next 14 working days.


Should you wish to reject the above as final settlement, I would request for your future correspondence only to be confirmation of your intention to issue proceedings which would be strongly defended.


Yours faithfully,


I'm not really sure i need to expand any further as my position is clearly laid out.... Thoughts??

Thank's guy's

[R0b]

Hi SID160991SID, sorry I have not been around recently.

Have you already sent this off?

[SID160991SID]

Hello R0b

No need to apologise, I just wanted you to cast an eye over it as i didn't really want to get into a tit for tat situation with them i wanted to answer there accusation of excess mileage and unreasonable damage without taking any responsibility or admitting liability, hopefully the email above has done that and without foresight or much of a legal understanding i can't see there's going to be to much left to answer. Hopefully I've made my position as clear as possible. I sent it yesterday AM and awaiting there response.

Regards,

Stewart.

[R0b]

I think you've covered the points that you needed to and on what you are prepared to offer them.

See what they come back with, they may very well accept your offer.

[SID160991SID]

I'll keep you updated guy's thank's for all the help so far.

[SID160991SID]

FCA still haven't come back to me.... This could get interesting

[SID160991SID]

So FCA have until the 10th of June to reply and that's the 14 working day's up.... Any suggestions on the next step would be greatly appreciated. Thank's

[SID160991SID]

R0b Would you mind casting an eye over the next email. Also I'm slightly concerned about them reporting a default on my credit file. I'm assuming they can as i have so far withheld the payment of £2993 which is the 50%.

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 you because I wish to make a formal complaint in accordance with your complaints policy and the FCA Rules. My complaint is in relation to the termination of the above mentioned hire-purchase agreement whereby you claim that I owe fees/charges for excess mileage and "unacceptable damage".

As my email dated 20/05/19 with the offer of a final settlement of £3100 has not been responded to I have returned to my previous position highlighted in my previous 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 (£2993). 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 charge you purport to impose on me are inconsistent with the limited liability under Section 100(1). I shall therefore not be paying any fees or charges above 50% of the total original agreement which currently there is £2993 left to satisfy the threshold.

Should you wish to pursue your claim for £267.90 for 4,465 miles @ 6 pence per mile, and the "unacceptable damage” that you have referred to in your letter at £430.33 I would contest and strongly defend this as i previously pointed out this was a used vehicle at the time of the commencement, It'll therefore be upto you to prove the condition of the vehicle both pre and post agreement.

I understand that you have up to 8 weeks to investigate my complaint and provide me with your final decision. If I am not satisfied with your response or you fail to reach a decision within 8 weeks of receiving my complaint, I shall be entitled to pursue my complaint to the Financial Ombudsman.

I would appreciate if you could acknowledge this email within the next 14 working days, as well as providing me with a copy of your complaints policy, I look forward to hearing from you in due course.

Kindest regards