Voluntary Termination Ford Focus

[R0b]

Re: Voluntary Termination Ford Focus

Unfortunately we are going beyond what would usually be required so there is no real template on this, however if you want to have a stab at drafting something along the lines of the above I am happy to look it over.

In addition a to the above, you might want to start with a couple of lines of background about their lack of response in collection of the car and I would also make sure the there is a bold heading that says 'notice of intention to sell'.

As well as the other option of removing it from your drive, if you didn't want to go down this route you could also issue proceedings against them for trespass and claim a reasonable sum that way, but again it will cost money to kickstart it.

[jcs995]

Re: Voluntary Termination Ford Focus

Hi [MENTION=71570]R0b[/MENTION]

I don't particularly want to head down any complex legal routes as I am not experienced in that field, so I think I want to perhaps stick with selling the car at auction if it is not collected by a certain date, my ultimatum being 15th October. I want to keep it short, simple and just get rid of the vehicle and then avoid paying any excess charges associated with mileage etc... See what you think of the below, it may need sprucing up a tiny bit. The car is now registered with the DVLA as them, my insurance has cancelled on the car due to me getting a new vehicle. Again, really appreciate your help on this.

Dear Sir’
Re: NOTICE OF INTENTION TO SELL
I write in accordance with section 12 of the Torts (Interference with Foods) Act 1977 and in reference to my letter dated 1^st September in connection with me giving notice to Voluntary Terminate my agreement. I am yet to have been contacted by your agent to arrange collection of your vehicle registered "Registration Number" where I clearly issued you with 14 days from the effective date to arrange a suitable time for collection. The goods are kept on the driveway of "My Address" and should be collected by 15 October 2016. Failure to do so, I will accept that the goods are abandoned and I will sell the vehicle at auction, any costs incurred in selling the vehicle will be deducted from the proceeds.

[R0b]

Re: Voluntary Termination Ford Focus

Morning, sorry for the late response, thought I had posted already. I have a few suggested amendments below

Dear Sir

NOTICE OF INTENTION TO SELL UNDER THE TORTS (INTERFERENCE WITH GOODS) ACT 1977

I writing in in relation with the above matter and I refer to my letter of 1 September 2016 in connection with giving notice to voluntarily terminate my hire purchase agreement. Your vehicle is currently parked on my drive and despite a number of requests to arrange collection, you have so far refused to do so. You will be aware that upon giving my notice to terminate, you were given a reasonable time to collect the vehicle however you have so far refused to do so.

In accordance with section 12 of the above Act, this letter is intended to give notice that unless the vehicle is collected by 15 October 2016, the vehicle will be deemed as abandoned and arrangements shall be made for it to be sold at the nearest auction, and no longer will I be liable for any losses suffered by you. I am rightfully entitled to deduct any costs associated with the sale of the vehicle including storage costs, in which case, a charge of £10 per day shall be levied (beginning on the date of this letter) until the vehicle is removed and sold. Once the vehicle has been sold, I will contact you further to arrange for the remaining proceeds to be transferred to a bank account of your choosing.

The vehicle is available for collection from my address at the head of this letter and I would suggest that you contact me on [NUMBER] to arrange a suitable time.

I look forward to hearing from you by 15 October 2015.

[jcs995]

Re: Voluntary Termination Ford Focus

Thanks [MENTION=71570]R0b[/MENTION] will keep you posted in due course.

[R0b]

Re: Voluntary Termination Ford Focus

Have you received any letter from Ford or Link Financial to say the agreement has been assigned to them?

[jcs995]

Re: Voluntary Termination Ford Focus

[MENTION=71570]R0b[/MENTION] No, the only correspondence I have received from any one was the letter from Ford acknowledging my VT letter.

[R0b]

Re: Voluntary Termination Ford Focus

Ok no worries, I would suggest recorded delivery so you have proof of when it has been signed for, make sure to keep the receipt safe and perhaps take a photo or scan it in so you have it as evidence if they dispute receiving it.

[jcs995]

Re: Voluntary Termination Ford Focus

Hi [MENTION=71570]R0b[/MENTION]

received a phone call very early this morning from Ford. I assume they got my letter! I like how quickly they want to act when they are scared slightly...like you say, play them at their own game!

The car is being collected new Wednesday, I will not sign anything they ask me to and look forward to received my bill for mileage/damages in a few weeks time. I will need help again when it comes to this!

Cant thank you enough for your help so far.

Cheers, James

[R0b]

Re: Voluntary Termination Ford Focus

Well isn't that a surprise eh, at least they have decided to come and collect the car so its a start. I expect the same process to happen like a few other ford users on this thread, so they will want excess mileage charges and then pass it on to Link Financial.

[jcs995]

Re: Voluntary Termination Ford Focus

Thanks [MENTION=71570]R0b[/MENTION]

Are you aware of any other people on here who have had excess mileage claims dropped from Ford? Would be useful to read the thread letters if available. Thanks James

[R0b]

Re: Voluntary Termination Ford Focus

Thanks @R0b

Are you aware of any other people on here who have had excess mileage claims dropped from Ford? Would be useful to read the thread letters if available. Thanks James

Not aware of any as of yet I'm afraid, Ford issues have only recently come to light, but given that they claim to assign it to Link Financial if payment is not made, there is a chance that these may come up at a later date. I believe Link Financial are debt purchasers who will obviously look to issue court proceedings if payment is not made, so there's a possibility that could happen at some point.

[jcs995]

Re: Voluntary Termination Ford Focus

[MENTION=71570]R0b[/MENTION]

okay thanks, so chances are I wont get out of paying excess mileage charge...I'll keep you posted.

[R0b]

Re: Voluntary Termination Ford Focus

Depends on what you mean by won't get out of paying. If you are saying they will drop the charges eventually, I do not know. But if it went to court, I think you have a strong argument with the law behind you to argue that excess mileage charges cannot be claimed as it is spelled out in the CCA. Alternatively there are two clauses which conflict and the court will follow the clause that goes in your favour.

[jcs995]

Re: Voluntary Termination Ford Focus

Morning [MENTION=71570]R0b[/MENTION] Ford have just rang to say their collections man has phoned in sick so are unable to collect my vehicle from my today...next possible day will be Tuesday, another week! I have a Ford dealership at the end of my road and she said they would be happy to collect the car from there on Tuesday and that I can take it there ready for them to collect. Just wondering your thoughts on this? Or whether I should just leave it on my drive. I suppose when they collect on Tuesday from the garage they will still want a family member present??

Cheers James

[R0b]

Re: Voluntary Termination Ford Focus

I would try get it in writing first, or record the call if you are able to on the phone, if not just remind them they have until 15 October which will give you the right to sell the car.