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Car finance- VT

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  • Car finance- VT

    Hi, called today to finance company - I said that would like to return the car, its time for VT. Then they sand me documents, said that i need to sign, and only after that they will give me auction address. Do I need to sign this documents? Thank you


    Voluntary Termination Form
    Please complete this section if you wish to voluntarily terminate your Billing Finance Hire Purchase
    agreement and return the vehicle to us.
    Please ensure that you return this to our address.
    Agreement Number:
    Vehicle Details:
    Name:
    registration
    I wish to exercise my rights under section 99 of the Consumer Credit Act 1974 (CCA) and terminate my agreement with you. I understand that if I have not paid half of the total amount due under my agreement, or if there are arrears on my account, there will be further sums to pay as required under section 100(1) of the CCA. I also understand that if an inspection of the vehicle shows that it is not in reasonable condition for its age and mileage or I have failed to adhere to my obligations in respect of maintenance and servicing, the amount owing may be increased to cover any loss in value or damage in accordance with s100(4) of the CCA.
    I confirm that (please tick as applicable):
    I agree to have the transport company collect the vehicle and I understand that there is a fee of £100 plus VAT for a car or light commercial vehicle and £150 plus VAT for a motorcycle, which will be added to my account. I understand that the transport company will call me to arrange a suitable time for collection.
    The vehicle is a non-runner and will require collection by your transport company, and I understand there is a charge equal to the amount Billing Finance is invoiced by the independent authorised transport company. I understand that the transport company will call me to arrange a suitable time for collection.
    I wish to return my vehicle, within 10 days, to a Billing Finance approved drop-off site I understand that:
     I remain liable for all contractual amounts due under this agreement until the voluntary termination process has been concluded and any remaining liability will be communicated to me after the vehicle has sold;
     If the transport company is unable to recover the vehicle within 10 days or I fail to deliver the vehicle to the auction house within 10 days, I may be charged its replacement value or a court order may be obtained for its return;
     If I decide not to hand the vehicle back, I must let the transport company know at least 24 hours in advance of the arranged pick up or delivery time. I understand that I may otherwise incur a cancellation fee of £100 plus VAT;
     If the vehicle does not hold a current and valid MOT certificate, the vehicle will be treated as a ‘non-runner’ and the charges incurred by Billing Finance will be added to my agreement.
    Date of Signature:

    Tags: None

  • #2
    No, you are not legally obliged to sign their documents but should you? That's entirely your choice.

    The only requirement to comply with your right to VT is to give notice of your termination in writing - if you want more information, read my VT guide in my signature below.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      thank you very much for your answer.

      In paper work they ask to sign us, they say- “ you must notify us in writing 7 working days before your next contractual installments is due, or that installment will be payable is usual. “ So do we still have to pay next installment if the notice was made after 7 working days ?

      Thank you

      Comment


      • #4
        Not really. You can terminate at any time and they can't tell you that you need to give advance notice or pay the next instalment because the next instalment isn't due to be paid until X date. If you terminate before then, it doesn't become due.

        They can't add new terms around your VT right, it's unlawful.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment


        • #5
          if I am correct, the finance company must terminate your agreement within 14 days, after day received the notice? Can I find out more information about that. Thanks a lot

          Comment


          • #6
            No, that's not correct. I suggest you read (or re-read) the VT Guide as that answers the question.
            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

            Comment


            • #7
              Ok, thank you for your help. One more question- they told us if they sell vehicle on the action less then they expect, the difference will be charged to us- is it right? thank you

              Comment


              • #8
                That question about 14 days-I just trying to find out how long they can refuse to collect a car from me if i will refuse the sign paper work for example.

                Comment


                • #9
                  Use the VT template that is on this site. The agreement is ended when they receive it. Send first class with free certificate of posting from a post office. Assumed delivered 2 working days later.

                  ​​​​​​​That form they supplied appears to get you to agree to costs that would not normally be payable. You are not liable for any loss at auction.

                  If they do not collect their property within a reasonable time then you tell them you are going to charge for storage.

                  Comment


                  • #10
                    Thanks everyone for your replies.

                    I gave a notice of termination of my HP on 27th of June. My next monthly instalment is on 1st of July. The finance company said that I must notify them in writing 7 working days before my next contractual instalment is due, or that instalment will be payable as usual. Its not written any were in the agreement, although that information is included in the Voluntary termination pack they send me to sign. I am not planning to sign any of their documents, but is it correct that I have to pay my next instalment. As far as I understand I don't have to pay nothing more after notice has been given.

                    Comment


                    • #11
                      They also have that information on their website, that i must notify them in written 7 working days before my next contractual installments is due, but not in the agreement. So basically the question is- do they have rights to charge us next monthly installments?
                      Thank you

                      Comment


                      • #12
                        What did you actually send? Was it anything like the template that is on this site? Did you call it Voluntary Termination?

                        Comment


                        • #13
                          Yes, it is a Voluntary termination- I use the template from this site.

                          Comment


                          • #14
                            Thanks everyone for your replies.
                            I gave a notice of termination of my HP ( I use template from this site) on 27th of June. My next monthly instalment is on 1st of July. The finance company said that I must notify them in writing 7 working days before my next contractual instalment is due, or that instalment will be payable as usual. Its not written any were in the agreement, although that information is included in the Voluntary termination pack they send me to sign. I am not planning to sign any of their documents, but is it correct that I have to pay my next instalment. As far as I understand I don't have to pay nothing more after notice has been given.
                            They also have that information on their website, that i must notify them in written 7 working days before my next contractual installments is due, but not in the agreement. So basically the question is- do they have rights to charge us next monthly installments?
                            Thank you

                            Comment


                            • #15
                              Unless you gave notice to terminate the agreement after 1st July the answer is no. You can add weight to that by saying it was never in your contract terms, is contrary to section 99(1) which says you can terminate at any time and in any event, they cannot impose new terms after the contract has been signed unless you consent to them, which I'm presuming you do not.
                              If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                              - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                              LEGAL DISCLAIMER
                              Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                              Comment

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