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VT & Proceeds of Sale credited to agreement

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  • VT & Proceeds of Sale credited to agreement

    Good Evening Legal beagles.

    I was in a position to VT my vehicle with Motonovo at the beginning of December as was recently made redundant and we had no need for two vehicles in our home. This was accepted by Motonovo, they also wrote to me in the middle of december confirming the request to VT and also to state that I had a liability of £240.42

    The vehicle was collected last week by Motonovo's collection agent and was marked as no need for refurbishment and has been taken to auction

    I received a letter from Motonovo dated 6th January the day after the collection - talking about the collection etc and having the opportunity to review

    They have written that the currently liability is at £240.42 and asking for payment within 30 days.

    The next paragraph reads as this

    "We would point out that your liability is limited to the the amount required to settle the agreement. This may be further reduced after the proceeds of sale have been credited to your agreement, following the sale of the vehicle. You will receive confirmation of the final amount due shortly."

    I called Motonovo this evening and asked them to explain this and wasn't fully convinced on the response that needed to be checked twice with a manager. I asked what does this mean and does this mean that the sale of the car at auction will place my liability into a positive and I would be due monies back. The call handler fumbled on this stating that I owed the full amount on the agreement and this means whatever they get from the vehicle is a way for them to recover their losses as they would have been due the full amount over the term of the agreement. I reminded him of the VT and this had been accepted and that the vehicle was collected with no refurbishment required.

    The call handler wasn't very confident on this and agreed it sounded like my liability would be reduced however his default position was that if the car sold for a £1 or £10,000 at auction this wouldn't matter and the liability of £240.42 still stands


    Any help would be greatly welcomed

    Many thanks

    A
    Tags: None

  • #2
    Have they stated what the £240.42 was for?

    Comment


    • #3
      Originally posted by ostell View Post
      Have they stated what the £240.42 was for?
      Hi Ostell,

      No they just advised this is the liability. It is exactly the same a normal monthly payment at the point of my letter I was over the 50% mark

      Regards

      A

      Comment


      • #4
        What a crock of sh..

        Typical from Motonovo and they seem to be consistent with this approach. They tend to argue that when selling the car at auction if it makes a less than the expected value then the car must have been in a poor condition and so they should be entitled to the difference.

        Going to auction is the least likely way of achieving the best sale for a car, and there's a possible argument that they should have a duty to mitigate their losses and that could be by offering it on a private trade site or even seeing if a dealer is willing to purchase it.

        Wait for their demands to come through, challenge them by asking how they've arrived at that decision and tell them to bugger off.

        Suggest you read the VT guide below if you haven't already.

        https://legalbeagles.info/forums/for...on-your-rights
        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
          Hi Rob,

          I thought as much to be honest. Their letter does read's really poorly and full of inconsistencies. I received the collection report within 5 mins of the car leaving me which I believe they would have received the same. Which stated no repair or refurbishment needed. I do have around 50 photos of the car to support any further issues

          I've read through the guide which helped me in the first stages of this to get them to accept. Just awaiting any further comms from them now.

          Cheers

          A

          Comment

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