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Re: Voluntary Termination Ford Focus
Well technically, if there is a default marker then that in my mind is a breach of data protection which is actionable so perhaps you might want to do that now. If you don't pay for your credit report you can check for free through www.noddle.co.uk
Also do you still have a copy of your agreement with Ford Credit?
As for the letter, see below an example, though I have inserted additional wording in brackets at the end, up to you if you want to include it or not. But other than that, feel free to tweak or amend to suit your needs
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Dear Sir / Madam,
Your Ref:
I am writing in response to your letter dated 10 November 2016 concerning the alleged debt which has been assigned to you from Ford Credit on 1 October 2016. Your letter appears to include some anomalies which I would like to clarify:
1. You have suggested that the agreement is terminated forthwith however you have no right to do so. The agreement was terminated by me on [XX XX 2016] and the vehicle has been returned to Ford.
2. The total outstanding liability is £720.44 yet there is no breakdown as to how this amount has been calculated ad/or what it covers. As a business authorised and regulated by the Financial Conduct Authority, it is a requirement for Asset Link Capital to provide sufficient information concerning the debt (including a breakdown of costs) so as to enable the borrower to understand what he is liable for. Therefore, please provide me with an itemised breakdown of the costs which make up the total outstanding liability.
Notwithstanding the above, I refute that any sums are owed or due to you under the agreement. I refer you to the clause headed "Termination: Your Rights" under the agreement in which it states the following:
"You have a right to end this agreement. To do so, you should write to the person you make your payments to. They will then be entitled to the return of the goods and half the total amount payable under this agreement, that is £XXXX.XX. If you have already paid at least this amount plus any overdue instalments and have taken reasonable care of the goods, you will not have to pay any more. "
Relying on this clause and having paid £XXXX.XX and taken reasonable care of the vehicle, I terminated the agreement on the above date. Having complied with those requirements, I do not owe any further monies and you are therefore not entitled to the alleged sums that you are claiming.
[Please note that if you insist on pursuing this matter which I consider vexatious, it is my intention to fully defend the matter and I shall counterclaim against you for malicious prosecution as you have no reasonable or probable grounds for bringing such a claim.]
Please confirm by return, that no further action will be taken.
Well technically, if there is a default marker then that in my mind is a breach of data protection which is actionable so perhaps you might want to do that now. If you don't pay for your credit report you can check for free through www.noddle.co.uk
Also do you still have a copy of your agreement with Ford Credit?
As for the letter, see below an example, though I have inserted additional wording in brackets at the end, up to you if you want to include it or not. But other than that, feel free to tweak or amend to suit your needs
-----------------------
Dear Sir / Madam,
Your Ref:
I am writing in response to your letter dated 10 November 2016 concerning the alleged debt which has been assigned to you from Ford Credit on 1 October 2016. Your letter appears to include some anomalies which I would like to clarify:
1. You have suggested that the agreement is terminated forthwith however you have no right to do so. The agreement was terminated by me on [XX XX 2016] and the vehicle has been returned to Ford.
2. The total outstanding liability is £720.44 yet there is no breakdown as to how this amount has been calculated ad/or what it covers. As a business authorised and regulated by the Financial Conduct Authority, it is a requirement for Asset Link Capital to provide sufficient information concerning the debt (including a breakdown of costs) so as to enable the borrower to understand what he is liable for. Therefore, please provide me with an itemised breakdown of the costs which make up the total outstanding liability.
Notwithstanding the above, I refute that any sums are owed or due to you under the agreement. I refer you to the clause headed "Termination: Your Rights" under the agreement in which it states the following:
"You have a right to end this agreement. To do so, you should write to the person you make your payments to. They will then be entitled to the return of the goods and half the total amount payable under this agreement, that is £XXXX.XX. If you have already paid at least this amount plus any overdue instalments and have taken reasonable care of the goods, you will not have to pay any more. "
Relying on this clause and having paid £XXXX.XX and taken reasonable care of the vehicle, I terminated the agreement on the above date. Having complied with those requirements, I do not owe any further monies and you are therefore not entitled to the alleged sums that you are claiming.
[Please note that if you insist on pursuing this matter which I consider vexatious, it is my intention to fully defend the matter and I shall counterclaim against you for malicious prosecution as you have no reasonable or probable grounds for bringing such a claim.]
Please confirm by return, that no further action will be taken.
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