VT Letter Advice Before 1/2 has been paid

[R0b]

Hi Stewart,

Looks fine in general, I've uploaded a couple of example letters that you might want to feed into your complaint - do not they are only draft examples and not the finished article but should give you sufficient technical know-how to put a fairly robust complaint together.

[SID160991SID]

Thank you R0b i sent that today.

[SID160991SID]

So today i have a response to the original email


Thank you for your email.




Unfortunately we are unable to accept the offer of £3,100.00.




This has been reviewed with management and they have put an offer of £3,400.00 alternatively if you are not happy with this offer, you will need to take this up with BVRLA.




If you have any further queries, please do not hesitate to contact us on the number below.




Kind Regards,



K
End of Contracts Specialist
Don’t forget you can manage your account online.


Do i forward the email send on the 11th? What would you suggest R0b

[R0b]

Assuming you made reference to the fact that your email was a formal complaint, they need to deal with it in accordance with their complaints procedures. You should ask them to confirm that their rejection of the £3,100 is a formal response to your complaint so you can take it to the Financial Ombudsman.

[SID160991SID]

Thanks R0b The response above isn't to my email of complaint as i sent that Tuesday the 11th, this is a response to the email i sent on the 20th of May when i made a limited time offer and gave them 14 working day's to accept in writing. Obviously as that was ignored and not responded too i now have reverted back to the position they'll get only what there owed and no more 50% which is £2993.

[SID160991SID]

Also, after checking my credit file although I'm yet to pay the £2993 the account is shown as settled/closed. No default left ect, is it worth me paying this balance and ignoring the pther fees/charges or should i wait for there response to my official complaint? Thank's.

[SID160991SID]

Good Afternoon,

I have reviewed your account with careful consideration. You initially offered to pay £3,100.00 for the damages and excess mileage that are outstanding on your agreement and after reviewing we came back and agreed to accept £3,400.00.

I have attached a copy of your inspection report to this email.

In order to resolve your complaint, I have since removed the Front Wing L - Scratched £65.00 and I have removed the excess mileage charges £267.90 as a gesture of good will.

However, the Front Screen Cracked is a damage which has impacted the re-sale of this vehicle therefore you will be liable to pay for this.

In light of this I am happy to offer you the following, as a full and final figure of £3,358.33 which as a further gesture of goodwill I will round down to £3,300.00 please note this figure is now non-negotiable. In total I have removed a total of £391.23 from the balance owing.

I feel this is a reasonable outcome to your complaint.

I would appreciate if you could let me know if you would like to accept my offer or should you have any questions do not hesitate to contact me. I shall also send you a final response in the post with the above in writing.

Kind regards

R0b

Please see the response above this is apparently in response to the complaint. I'm going to spend some time in writing a response later today.

Would appreciate your thoughts.

Cheers.

[R0b]

Nothing more than I can add which hasn't already been said - you either accept the offer or you reject it and ask them to confirm it is their final response so you can raise it to the Financial Ombudsman.

[SID160991SID]

FCA Automotive Service
PO Box 4465
Slough
SL1 0RW

Agreement Number:
Vehicle Registration:


Good afternoon A I,

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

Thank you for the email below, please could you forward this in writing to the address on file highlighting this as your final written response.

After reviewing the content of the below email, please refer to my original complaint email dated 11/06/19 i have highlighted specific points for your clarification.

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.

The offer of £3100 mentioned above expired on 10/06/19 and explicitly stated acceptance would need to be within 14 working day's.

Your offer of £3400 was presented via email on the 14/06/19 in response to my offer which had as highlighted above expired.

Your most recent offer still has charges relating to damages caused before the commencement of the agreement and although i do not deny the damage was present, i do deny it was caused while in my possession.

I have below clarified my position.

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.

Please send payment instructions for the full and final settlement payment of £2993.

I would appreciate if you could acknowledge this email within the next 5 working days, should you wish to reject the above as the final settlement please provide your final response in writing confirming your final position on this matter. I look forward to hearing from you in due course.

Kindest regards,

R0b

Please could you just cast an eye over my response? Obviously I'm not happy to pay for damages that genuinely wasn't caused while in my possession....

I think this may go to the FOS

[SID160991SID]

FCA Automotive Service
PO Box 4465
Slough
SL1 0RW

Agreement Number:
Vehicle Registration:


Good afternoon A I

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

Thank you for the email below, after reviewing your proposal, please let me refer you to my previous emails highlighting my position dated 11/06/19 also 20/05/19 addressing the "unnacceptable damage" i have taken specific points from my correspondence for your clarification.

The offer of £3100 made expired on 10/06/19 the offer explicitly stated acceptance would need to be within 14 working day's see below.

Taken from email dated 20/05/19:
"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."

FCA responded on the 14/06/19 with an offer of £3400 via email in response to my final settlement offer which as highlighted above had expired 4 day's prior.

Your most recent offer still has charges relating to damages which I've previously addressed.

Taken from email dated 20/05/19:
"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."

So to further clarify and with the intention of resolving this issue i have below highlighted my final position as previously referenced below.

Taken from email dated 11/06/19:
"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."

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.

Please send payment instructions for the full and final settlement payment of £2993.

I would appreciate if you could acknowledge this email within the next 5 working days, should you wish to reject the above as the final settlement please provide your final response in writing confirming your final position on this matter. I look forward to hearing from you in due course.

Kindest regards,

Sorry R0b i have amended slightly for better flow

[R0b]

Morning,

That looks fine but if you plan on sending the response in the same format you have posted i.e. bold, underlined and in various font sizes I would recommend you reconsider that.

If I received a response like that I definitely wouldn't be taking it very seriously.