Voluntary Termination with Blackhorse Ltd.

[killswitch]

I took out hire purchase with Blackhorse in November 2016 and did not know about termination rights until recently. I purchased a Vauxhall Insignia totalling £14,500 from SERE in Lisburn. In January 2020 I looked into it and realised I could voluntary terminate the agreement although I was somewhat aware of this right I had never considered it. The insignia was on hire purchase and truth be told; I wanted a new car. Fancied a change. The insignia was in pristine condition and had only covered 14000 miles since I bought it. There were no scrapes or dents and it had the full Vauxhall service history. The car had been taken care of. By this point I had paid around £7450 of the agreement. I can't recall the exact figure but it was literally just over half the agreement amount. So after looking at the threads online I took the advice of a less viewed one that seemed to be more polite than others. It's advised to send a respectful email or letter, stand your ground and not to make silly threats or quote any laws. Not to fill out their paperwork and to arrange a delivery of the vehicle to them. I emailed Blackhorse advising them I was excercising my right to terminate and received an automated response that someone would contact me. They didn't. Calling Blackhorse was stressful. Start of Covid 19 and the waiting times were well over an hour. I emailed a second time where again I got the automated response. Two weeks later someone emailed me back advising my request has been sent to the "termination team" who may be in contact to discuss. I was called a few days later from a lady called Michelle whose customer service skills leave a lot to be desired. She was blatantly rude. She told me I had to fill in and sign the termination pack. I was told that it was a lawful requirement and if it was not done I'd still be liable for the car. I advised her politely I knew my rights and what not to do. She became downright blunt and completely unengaging trying to get me off the phone. She the accused me of "Going on the internet and looking at stupid advice on YouTube" although I told her that I had actually read the finance agreement when buying the car as well as seeking advice elsewhere. Again I explained that I would not sign anything as it was not a legal requirement. She also made it clear to me to NOT cancel my direct debit. Be aware that I actually cancelled the direct debit on the day I sent my first email advising them of the notice period and that I would no longer be liable for the car. I then tried to ask Michelle questions about the procedure for returning the car. She was not helpful. She was blunt and snappy with me. I asked Michelle what do I do with the car once terminated and they advised it would cost me £150-£200 to have someone collect it. I told Michelle I wouldn't be willing to pay this and if needs be I'd be more than happy to deliver it to the place of purchase. In this case it was SERE in Lisburn (Northern Ireland). Michelle told me I couldn't leave the car in Ireland. I then had to politely educate her that Northern Ireland has been part of the UK for near 100 years. I was then abruptly hung up on. As I said. Michelle couldn't wait to get off the line and when I stood my ground that I wouldn't be filling out any forms that would make me liable for mystery damage to the car. I must make clear that I was polite throughout and did not give her any attitude or reason for her behaviour towards me. I was told to expect this sort of resistance when Voluntarily Terminating a finance agreement. The bottom line is the finance company will lose money if you invoke this right. The longer you pay your finance agreement the more money they make so it's understandable why the voluntary termination print in the agreement is sooooooo small. However like I said, I read it and was assisted by the information provided on LegalBeagles. Now I was a little agitated as I was hung up on. It was plain rude but I called back and was placed on hold for around 30 minutes. I persevered however wanting to ensure there was no ambiguity. A lady called Jan answered and there was such a difference from her. She was incredibly polite and helpful - she stayed on the phone with me for just under half an hour answering my questions. Now it turns out because I changed the direct debit near the start of the agreement (I like my bills to all go out on the same day - 1st of the month) I owed Blackhorse a whopping £44.80. No issue I paid this immediatley and Jan sent me a confirmation of this. That would be my last liability with the car. Jan advised me of the following important things; 1) Blackhorse ask that you fill in their paperwork including signing the handover document. She acknowledged that it is a request and not a legal requirement. She stated we can't force you to sign it but it makes things go more smoothly if you sign it. 2) As my car was on hire purchase, Jan stated "Blackhorse will sell the car as soon as possible to clear the outstanding money from the finance agreement. We don't check the car for damages unless its significant. If it's PCP though we do go through it with a fine tooth comb to charge for any possible damage". 3) There isn't a charge of £150-£200 for having the car collected from my home address. It would be in the region of £30-£60 but would be difficult as I live in Northern Ireland and they don't have any representatives available. 4) I could drop the car off there nearest approved Auction House. In my case there is only one available in Northern Ireland which is Wilson's Auctions. They are located in Portadown which isn't too far away. 5) When I purchased the car it had an English reg. I changed this to a NI reg and Jan confirmed there was no issue and would not affect the process as the car was still registered in the United Kingdom. 6) Probably most importantly - When the car is dropped off and the V5 is filled out - I AM NO LONGER LIABLE FOR IT. Jan should be comended for being decent and talking to me like a person as well as being honest. I arranged the delivery to Wilson's Auctions by email ensuring to CC Blackhorse into EVERY email. I had the car fully valeted inside and out ensuring there was nothing for Blackhorse to complain about. I filled out their "Termination Handover Pack" which included basic details such as the mileage - how many keys - wheres the locking nut etc. I ensured I kept a copy of this handover document. Please note that the last page asked for a signature and some small print advising that I may be liable for any damage/repairs that Blackhorse deem to be neglegent. I DID NOT SIGN THIS. I filled everything else out but did not sign anythning. I delivered the car on 22nd February 2020 to Wilsons. I took alot of photographs along with a 4K video (on my phone) of the cars interior and exterior. I also photographed the mileage and service book. I asked the receptionist at Wilsons Auctions to inspect the vehicle and she politely declined advising me it was their duty as a third party to just receive the car and prepare it for auction. She did advise me however to take photos of it before leaving incase "Blackhorse come looking for you" which did make me chuckle. She gave me a reciept and I handed it over. Bye Insignia. Point to note* when I bought the car was given enough fuel with the level ever so slightly above the red light. I extended Blackhorse that courtesy as I was never going to fill the car with £70 of Diesel. I emailed Blackhorse and advised them the car was delivered and re-established the point that the car was not my responsibility, the direct debit was cancelled and would require confirmation that the finance agreeement has been terminated. After about a week I received a letter from Blackhorse advising me that they had taken control of the car. It took a further 6 weeks to receive a confirmation that the agreement had ended. Funnily enough, Blackhorse attempted to collect the following monthly payment even though they had already cancelled the agreement. Good job I cancelled the direct debit. Just be aware that every piece of mail from Blackhorse to me mentioned that my credit rating would be negatively impacted by this process. Just to confirm; IT WASN'T. At all. This is a legal right and cannot negatively affect your rating. The process can be stressful but I am glad I did it rather than keep a car that I don't want for another 2-3 years. Finally, this is why finance companies don't like this process; My car was worth £4850 dealer trade in at the time. There was £7000 of finance left to pay. I checked Wilson's Auctions for when it sold - turns out a local taxi firm bought it for £3150 at auctions - They got a bargain in my view. Blackhorse are out money.