Voluntary termination

[Kevinh]

Re: Voluntary termination

Hi Rob.
this morning I have received two letters from the car finance company, both of the same content, inside is a default notice being served on me, unless I take the required action to remedy the breach, as they are saying I missed july's payment, there is no mention of my voluntary termination, or when they will be collecting the vehicle, the address at the top of the page is exactly the same as I have been using, also the email address that I used.

Hi Rob
i have sent another email to the car finance company, giving them 7 days to collect vehicle off my driveway, or I will be taking further action, would it be advisable to go to the finance ombudsman? And how do I go about doing this?

[R0b]

Re: Voluntary termination

You can try to go to the Ombudsman, although whatever their stance is will depend on the person you get. they look at what is fair and reasonable so whilst they may agree that they should remove the car they may also say you owe the finance co money. In addition it's probably going to to take another 3-4 weeks at least before you get any resolution from them.

You've said further action, did you specifically highlight what action you will be taking or have you deliberately left it vague? If its vague you need to be clear about the steps you are going to take

[Kevinh]

Re: Voluntary termination

Hi Rob.
The letters I received on Saturday morning, saying I've defaulted on my agreement, and I must pay the balance within seven days, will that go against me on my credit file, I will send them another email explaining exactly what my next steps will be, what could they do if I pushed the vehicle onto the grass outside my house? As I cant start the vehicle, as every time I paid the monthly payment, they sent me a code, but now I have no code, due to not paying the last instalment, the vehicle is now immobilised.

[R0b]

Re: Voluntary termination

Leaving it on the grass might cause problems and could be picked up by police lets say as abandoned and you could be liable for that as you have done that yourself, I would recommend somewhere on a public road where the car can lawfully sit and if you can't move it then consider having a tow truck remove it and put on a public highway and then reclaim costs back in your letter. Do you want to draft up a letter and I'll take a look at it some point today.

the quickest way to notify the DVLA is here https://www.gov.uk/sold-bought-vehicle

You should include:

- reference to your previous letters to collect
- you will notify the DVLA of change of registered keeper
- remove the vehicle from the driveway and put on public road, pictures will be taken as evidence in dispute of damage
- any costs for removal of car from drive to be borne by the finance co
- credit agreement has ended they are not liable to put a default on the account, if they do so it is breach of data protection principle 4 and you reserve the right to bring a claim for damages

[Kevinh]

Re: Voluntary termination

Rob.
Thanks for advise, I have already notified dvla of change of ownership, and I have received confirmation of this from dvla, I will draft a new letter to send to them, saying what I intend doing, and let you look over it, before I send.

[Kevinh]

Re: Voluntary termination

Hi rob.
i had a call from the car finance company this afternoon, I called them straight back, and the women said they have had a new system installed, that rang people when they have missed a payment, and that she would put a stop to that, as I was awaiting collection, I then asked when the vehicle was being collected off my drive, she gave me a number to ring and the name of the company that we're going to collect it, so I rang the third party company called G3, I spoke to a women who asked for the registration number of the vehicle, to see if it was on the system, but low and behold it wasn't, she said they have instructions come in in the morning at seven o'clock, so she said ring again tomorrow, should I still send another email telling them my next step if it's not collected from my drive.

[R0b]

Re: Voluntary termination

It's up to you if you want to send it but if it were me, it sounds like there is some progress being made so a little reasonableness on your part won't do any harm if you wait until tomorrow.

Make a note of what was said during the phone call to the finance co and also G3 so you can include that in your email. If they still do not have that on record tomorrow then I would send your email and make sure to get someone's name when you call them.

[ostell]

Re: Voluntary termination

And get out and take some photographs of the car to show it is in excellent condition, inside and out. Todays paper.

[Jasonknox]

Re: Voluntary termination

Hi rob remember I went to court in May I have now revived letter from judge saying caa ply have got till 8 Sep to register to take me to a small claims court with a date set for October but not heard anything from casbolt yet

[Kevinh]

Re: Voluntary termination

Hi Rob, I had an email from the third party regards the collection of the vehicle, it was from a Gentleman saying he was trying to get hold of me' so I rang him back straight away, one of his colleagues told me he was busy on the phone and that he would call me back, I have since called them twice since and sent two emails, but no reply, I have also emailed the car finance company explaining this and also telling them I would be having a tow company to put vehicle onto the public highway, I have had no reply from anyone, I have also explained that I will be out of the country for three weeks, and the only way I can be contacted is by email, but there will be someone at my address to give the collector the key for the vehicle, should I now put vehicle onto public highway, in your view? Look forward to hearing from you.
kev.