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Gap insurance on same agreement VT!

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  • Gap insurance on same agreement VT!

    Basicllly I’m looking to VT ASAP and spoke to black horse today. I’ve paid 31 of 60 months so the half cut is well covered.

    my problem lies that when buying the car the gap insurance was also added into the same agreement and they are asking for £795 to settle the gap insurance debt.
    where do I stand with this as I won’t be needing gap insurance on a car I will no longer own? I’m very confused by the situation.
    they also tried asking for £75 to collect the car (or I can take it to a auction house) but I know where I stand with that and the car will sit outside the house till they take it away free of charge

    any help is appropriate thanks
    rob
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  • #2
    Originally posted by Guest View Post
    Basicllly I’m looking to VT ASAP and spoke to black horse today. I’ve paid 31 of 60 months so the half cut is well covered.

    my problem lies that when buying the car the gap insurance was also added into the same agreement and they are asking for £795 to settle the gap insurance debt.
    where do I stand with this as I won’t be needing gap insurance on a car I will no longer own? I’m very confused by the situation.
    they also tried asking for £75 to collect the car (or I can take it to a auction house) but I know where I stand with that and the car will sit outside the house till they take it away free of charge

    any help is appropriate thanks
    rob
    Tricky points here. Lots of IFS and BUTS.

    If the agreement is a multiple agreement within s18 CCA 1974 then it is possible that the VT rights extend only to the vehicle part of the agreement with the Gap insurance being separate. However, there are also possible arguments that the gap insurance becomes worthless when the vehicle is terminated, thus the gap insurance should stand and fall together, a similar point was made in Durkin v DSG.

    On the collection fee, the CCA is clear as to your liabilities under the VT, they can whistle for the 75 quid
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

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