Hello

[kwillow]

Re: Hello

Sorry R0b,

I've had no confirmation email back from the Company as of yet.

thanks again

Kris

[kwillow]

Re: Hello

Hi all

Still no confirmation from the finance company. Also the 14 day collection period, coming up this Monday.

[kwillow]

Re: Hello

hi,

I have had emails from the Finance company stating they'll send my details onto another department to arrange the voluntary termination, but they're refusing to send me confirmation my VT has been implemented, closed and no further liability is with myself as per the VT Letter sent.

they keep either ignoring me or dismissing it stating this cannot be the sent until the vehicle has gone through the auction house.

Also theyre attempting to charge me £72 for collection.

This is now holding up the purchase of my next vehicle.

Any advice would be appreciated.

[R0b]

Re: Hello

There's is no need for confirmation that the VT has been implemented. Your rights under section 99 of the CCA says you can terminate at any time during the agreement by giving notice - that is not conditional on the finance company agreeing, its a statutory right to do so irrelevant of whether they agree or not. So I wouldn't worry too much about receiving confirmation.

Just to keep them on their toes you could give them notice to contact you to arrange collection otherwise you will consider them abandoned and dispose of the goods. Refuse the charge of £72 as they're not entitled to it, again you can refer to the termination clause that says you will not need to pay anything more once you have paid 50% and took care of the car.

If you don't want to go down the more aggressive route below then you just have to keep pestering them and make a formal complaint. If using the below template then you may need to amend as necessary, and you could make reference to the fact that you gave notice to VT on 24 October 2016, they have still not taken the car from your possession and so you are writing this letter to put them on notice.

P.s. making multiple threads isn't going to make me respond faster and its not helpful either so try to keep to the same thread if possible

--------------

Dear Sir

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

Agreement number:
Vehicle Registration:

I writing in in relation with the above matter and 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 anything about it. Your vehicle is no longer authorised to remain on my property and continued refusal to remove it will constitute trespass. You will be aware that upon giving my notice to terminate, a reasonable was given time to collect the vehicle however you have so far refused to do so. Although there is a dispute as regards to the condition of the vehicle, this does not negate your obligation to remove it from my property.

In accordance with section 12 of the above Act, this letter is intended to give notice that unless the vehicle is collected by [28 DAYS FROM DATE OF LETTER] December 2016, the vehicle will be deemed as abandoned and arrangements shall be made for it to be sold at the nearest auction, and I will not be liable for any losses suffered by you as a result of the disposal. Furthermore, I am rightfully entitled to deduct any costs associated with the sale of the vehicle including storage costs, and in which case, a charge of £10 per day shall be levied (beginning on the day after the date of this letter) until the vehicle is 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.

In the meantime, if you would like to collect the vehicle then it 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 [DATE].

[kwillow]

Re: Hello

Hi R0b,

Sorry about other thread, i didnt realise it went to you personally, i thought it was open to general discussion.

Thank you again for your time, shall i go back to the new car purchase & inform them of this? as they are awaiting confirmation of some sort i am no longer liable for the previous HP Agreement.

I emailed them the following this morning:

Could you send over a confirmation of the collection for the 29/11/2016.

Also, i have just been informed its against the Consumer Credit Act 1974 to charge for the collection of the vehicle, My liability is limited to half of the total amount payable and any terms under the agreement which imposes additional liability directly or indirectly is strictly prohibited by the act.

I need confirmation of the VT has been confirmed, the account closed and no further liability as per my statutory right under section 99 as stated with in my voluntary Termination letter it has immediate effect from 24th October 2016.

I need confirmation of this immediately as this is now holding up the purchase of my next vehicle.

[kwillow]

Re: Hello

Hi R0b,

Hope your well. Just an update I. Have refused to pay the £72 fee And they are constantly calling, but won't reply to any emails.

Also, my new vehicle proposal with a new finance company won't pay out for my new vehicle until I get some sort of evidence that my old finance agreement is terminated with no further liability or costs.

Can you please advise how I get around this?

Thank you again.

[R0b]

Re: Hello

Have you asked your finance company why they won't pay out until they have evidence? Your liability or no liability with Santander has no bearing or relevance to them at all. Have you signed any paperwork with the new finance company yet? If so have you checked any of the terms of the agreement to see if it says they will only offer you finance on the basis of the above? Never heard of a finance company doing that before so either you have a strange lender or they are just being awkward.

If they continued like that, I would personally be looking elsewhere.

As for Santander, it's up to you, go through the formal complaints procedure then follow up with the Ombudsman, who may or may not side with you or simply go direct to the courts for a declaration that you owe no further monies and seek costs for issuing.

[kwillow]

Re: Hello

Hello there,

Yeah I asked the new finance company and they said --- We require confirmation / Evidence that your existing finance has been terminated with no further liability.

I haven't signed Any paperwork as of yet for the new vehicle. I'm also stumped as to why they'd require this. Being a VT. there is no confirmation needed as it's not optional.

[R0b]

Re: Hello

Odd, but again, I would be pressing them further why they need to know that information, it has nothing to do with them and any other affairs are between you and the other persons involved. Have you perhaps suggested that you will look elsewhere for credit if they continue to go down this route, as that is what I would be doing if they are already making it difficult.

Anyway, there's one possibility you could obtain the relevant information you need and that is a right under section 103 of the CCA. It says that a debtor who serves notice to the creditor requesting to confirm that the debtor was in a regulated agreement, has paid all monthly instalments as required and the agreement has now ended. They are then obligation to confirm and if they dispute any of that then they must give reasons as to why, otherwise it is a breach of their duties.

http://www.legislation.gov.uk/ukpga/1974/39/section/103


They may dispute that you owe the £72 so at that point you have to make efforts to sort it out yourself - easiest way for that is to threaten legal action.

[kwillow]

Re: Hello

Good morning

Yeah I'll ask for further detailing as to why they are requesting such a demand when it has no relevance to my finance agreement.

I'll also send that paragraph to the existing finance company and see what reply I get back.

Thanks again

[R0b]

Re: Hello

If I were you I wouldn't send that paragraph to your existing finance co. I would suggest a letter and make reference to section 103 and then ask the questions you require that suit you e.g. the agreement has ended, and you have made all payments of monthly instalments up to date.

The prescribed period to respond is 12 working days so make sure to mention that and failure to respond is a breach.

P.s. any notice given by the finance company is binding on them so if it is not true, then they could be liable.

[kwillow]

Re: Hello

Hi there.

This is the reply I received from new finance company.

Good morning Kristian,

Criteria states that we are unable to offer finance to an individual that already has a finance agreement in place. This is the reason that we require confirmation that your existing finance has ended with no further payments to be made.

[kwillow]

Re: Hello

HI R0b,

Just had a call from the existing finance company, stating the info i have is incorrect, and i have to pay for collection as theyre 'not paying for it' also they said the agreement hasnt ended because i still have the vehicle, and wont end until the car is sold and the funds hit their account.

can you please advise any help? im fuming. so arrogant and clever on the phone.

thanks.

[R0b]

Re: Hello

The finance co. has a legal obligation to put it in writing whether they agree or dispute it. If they dispute it then they should set out why the agreement has not ended, bearing in mind that any notice is legally binding on them and if they are stating false information that is grounds for any legal action you may wish to take for misrepresentation.

Did you send an email to the finance co? If so, can you copy and paste what you have sent.

[kwillow]

Re: Hello

Hi R0b

Email is below which actioned their phone call.

Good morning,

In relation to you denying confirmation of the Hire Purchase agreement has ended.

Under section 103 of the CCA. It states that a debtor who serves notice to the creditor requesting to confirm that the debtor was in a regulated agreement, has paid all monthly instalments as required and the agreement has now ended. They are then obligated to confirm this, if the creditor disputes any of that then they must give reasons as to why, otherwise this is a breach of their duties & the financial ombudsman will be contacted.

-----------

Then after the conversation I emailed the following ;


Alan,

As per our conversation,

My Hire Purchase agreement ended on the 24/10/16 using my statutory right to Voluntary Terminate my agreement at the half way point. As per Section 99 of the Consumer Credit Act, leaving no further liability to myself. This isn't optional.

As per section 103 of the Consumer Credit Act . It states that a debtor who serves notice to the creditor requesting to confirm that the debtor was in a regulated agreement, has paid all monthly instalments as required and the agreement has now ended. They are then obligated to confirm this, if the creditor disputes any of that then they must give reasons as to why, otherwise this is a breach of the creditors duties.

Also, I have been informed it's against the consumer credit act 1974 to charge for collection of the vehicle. My liability is limited to half the total amount payable and any terms under the agreement which imposes additional liability directly or indirectly is strictly prohibited by the act.

I have contacted the Financial Ombudsman Service in relation to this.