Marsh finance vt issues

[LUCYKIERA]

Hi I was wondering if anyone could give me any advise.

I got a car with Marsh back in 2013, I have paid 50% of the agreement and want to terminate. I had a response for the company telling me I was unable to this as they terminated my agreement back in March 2014!!! I was not notified of this. I was sent a letter via email what the said the sent to me which states they terminated my agreement and will no longer have possession of the car .......... I still have the car and have been making payments each month, I inquired in AUG 2015 about a VT and what the stages were etc they did not mention at this point they had already terminated my agreement nor did they in any other email. When I have come to VT it or request to as I am in my legal rights to do so and they are refusing me and basically telling my options are to sell (a car on finance) and pay the remaining of my agreement (what they cancelled) or get it taken to auction and again pay what they loose out in! Can somebody please give me some advise I have contacted a local citizens advice and awaiting a response but as much help as possible is really appreciated.

Thanks

[R0b]

Re: Marsh finance vt issues

Have you missed any payments? Did they give you a reason why they have terminated and why did they not write to you further for the outstanding balance? Why did they accept monthly instalments despite allegedly terminating the agreement.


Sounds a bit fishy to me and I think a complaint is in order to the ombudsman but if you can answer the above then we can work out the next steps

[LUCYKIERA]

Re: Marsh finance vt issues

Hi

No I lowered payments back in Jan 2014 but this was all agreed with them I have all the emails and I repaired each month after what I lacked on paying. Not once did they mention about a termination or that they were taking possession of the vehicle there was just agreements about payments I'm all up to date now and have been since. I'm not sure why they didn't take the car if this was the case as there is now no agreement and I'm not sure where I stand with it now? This is the first I have heard of the "termination" of my agreement. How do I go about complaining as I'm not prepared to back down as they have not notified me of anything and left me with the possession of the vehicle.

Many thanks

[R0b]

Re: Marsh finance vt issues

Your first step will be to write to them and say you wish to make a formal complaint. They can't just terminate the agreement unless you are in breach and if you were in breach they would more than likely be taking you to court. Were you todl this over the phone or in writing?

YOu wil need to put in your complaint what has been said, and explain you have made all payments as agreed and if they claim to have terminated the agreement wrongfully that is actionable through the courts. You also want to tell them that you have validly terminated the agreement on X date when the notice was sent. You will give 14 days to collect before you cancel tax/insurance and then notify DVLA that they are now the registered keeper.

Providing you have notified them of your wish to Vt the agreement and oyu have proof then I would say that you can cancel your DD so they don' take any more payments, also include this in the agreement.

If you want to post up a draft before you send it feel free to post here and I will take a look when I can

[LUCYKIERA]

Re: Marsh finance vt issues

I was never told, we made an agreement back in Jan 2014 to have two months half payments I have it all on email and I have a copy of the DD which came out, I never got the termination letter from them until yesterday which states I was no longer in possession of the car and they were making arrangements for the vehicle to be taken, but I still have the car and there response was "you made payments so we were happy to let you keep possession" without an agreement? how does that work and now I don't have my VT rights. Doesn't make sense to me seem's very fishy. I have never missed a payment we had agreements and been in arrears like £3.00 but never missed a payment. They been happy to let me pay since and keep the car and just take my money. Ok so do I send all this to the ombudsman?

Many thanks

[R0b]

Re: Marsh finance vt issues

You cannot send to the Ombudsman until you have formally complained to Marsh by either receiving their final decision or 8 weeks has passed, so yes you need to put it all in a complaint but does sound very fishy to me. Could you upload a copy of that letter? You can email it to Kati@legalbeagles.info and she will upload it for you.

[LUCYKIERA]

Re: Marsh finance vt issues

Ok thank you. The termination letter? it states on it that I breached but I've never missed payment we had an agreement for the 28/01/2014 and 28/02/2014 for half payments this is on email they were paid and they apparently sent the letter 11 March 2014.

[R0b]

Re: Marsh finance vt issues

Is is a letter or has it come by email? Either way they sound like they are bluffing and trying to get you to continue to pay. I would also suggest that the come collect the car also as you have given notice and if not then you will cancel tax/insurance and notify the DVLA of change of registered keeper.

Notices of termination cannot simply be revoked, so in theory if the notice was given and you continue to pay you should be entitled to that amount back from the date of termination plus interest. But if they say you were no longer in possesion why did they not come and take it? Definitely sounds like the person you are talking to is full of **** and wouldn't float in court.

[LUCYKIERA]

Re: Marsh finance vt issues

Hi sorry for the late reply, they said they sent it by post but i never got them. I have had them emailed over. I spoke to them on Friday and they told me that they had terminated another two times after the 1st so I asked how when I never signed anything did they re open the agreement and her answer was, we are just going round in circles. They wasn't overly helpful! I have contacted trading standards and they told me to complain and then to the ombudsman, do you know the process or any ideas where I can get a sample letter to guide me on what to write? they also advised me to get in writing from them when they terminated, why and the proof etc.

[R0b]

Re: Marsh finance vt issues

Have they given you in writing their final decision or are you doing this all over the phone? You need to put the complaint in writing and have a paper trail that you have done this, if you don't then the Ombudsman will not look at your case until the 8 weeks have passed or you have received a final decision letter from them.

If you want to give it a go at the Ombudsman then by all means but you could be wasting your time and you won't have the evidence you need to make the complaint and therefore you are at the possibility of losing your complaint. Unfortunately you need patience for this but if you have all the evidence and they have said they have terminated the agreement then they should be able to tell you the dates and times. There is no point going round in circles with Joe Bloggs on the phone that is not going to get you anywhere. If you are confident you have not received it and you have made all the necessary payments then I would terminate your direct debit and stop making further payments and let them start chasing you.

It is down to them to prove that they have terminated the agreement and very strange they would terminate "another two times" as once is good enough. Get this all in writing, make a formal complaint and then you will have evidence to counter it and prove that they are likely to be lying about it or making up stories just to keep you paying more money. You can't just be impatient with this and have to follow certain steps, or you can do it your own way and see where it gets you.

If you really want some help on the Ombudsman side then take a look at the link below I have given some information about how to go about it (see 5. Complaining to the Financial Ombudsman).

http://www.legalbeagles.info/forums/...ry-Termination

[LUCYKIERA]

Re: Marsh finance vt issues

I have emails off them of there offers on how to give the car back, I declined this as I thought I had my VT right. I'm currently emailing them for a bit of confirmation I want as much as possible in writing. So asking them to confirm when they terminated, why and the proof I've asked for the dates they sent the termination letters, confirm that the letter states they were taking possession and why it wasn't done. I want as much as possible in writing so I have my back covered. I can copy and paste what it states on the termination letter at the end when it says about possession. Once i have a reply and confirmation I will complain to then and call the ombudsman Trading standards passed there number on so hopefully that will get the ball rolling.