Hello

[R0b]

Re: Hello

Who is the existing finance company?

You could further follow up the email by saying to Alan, that further to your previous email, it is a legal requirement for them to put in writing (not by way of telephone call) whether or not they agree or dispute that the agreement has ended. Such confirmation must be made within 12 working days, failure to comply is a breach of statutory duty. You should also put them on notice that any response is legally binding on them, and if such statements are untrue then they may be liable for misrepresentation.

[In the event that they fail to comply with their statutory obligations or any statement they provide is subsequently found to be untrue, you reserve the right to commence legal proceedings against them breach of duty and seek an order from the Court to comply as well as damages and costs associated with the proceedings.]

The above in brackets is entirely up to you whether you want to include it, I suspect they are only telling you over the phone to make it more difficult for you and avoiding their legal duties.

[kwillow]

Re: Hello

Hi

The finance company is 1st Stop Car Finance. They are refusing to send any correspondence over email.

One email I did receive is

Hi Mr Wilson

Yes, a payment of £60 plus VAT which will be £72.00 to be made to 1st stop, bank details as follows...

Sortcode 20-10-03
Account 63871819

From there G3 vehicle remarketing would contact you to organise collection.

Once the vehicle has been collected and had a full inspection to confirm there is not damage deemed more than wear and tear, we could confirm the voluntary termination.

Thank you

Kind regards

Lucy Bryan
Customer Relationship Manager
1st Stop Car Finance

[kwillow]

Re: Hello

Also this

Hi Mr Wilson

I can send you confirmation once the vehicle has been inspected at our auction that it has no damage deemed more than wear and tear.

Thank you


Kind regards

Lucy Bryan
Customer Relationship Manager
1st Stop Car Finance

[R0b]

Re: Hello

If I was in your position, I would probably say something along the following lines below

Dear Lucy,

Thank you for your email.

Section 103 of the Consumer Credit Act 1974 provides that a debtor who serves notice on the leder requesting confirmation of that the agreement has ended and all of the monthly instalments have been paid, the lender is legally obliged to confirm whether those statements are correct. If they are not correct, then the lender must outline why it it believes it to be wrong. The lender must respond with a counter notice within the prescribed time, which under the [] is 12 working days. Given that the notice was sent and received on 22 November 2016, I calculate that you have until Thursday 8 December to comply. For the purposes of the CCA, a notice is defined as notice in writing. A failure to comply is a breach of statutory duty which is actionable in the civil courts.

I note from your previous emails that you have wilfully refused to comply with my request until I have paid for the car. If I receive no response by the required time, I reserve the right to draw this email to the Court's attention as to your unreasonable conduct and non-compliance should in the event that I commence proceedings against you.

As regards to the payment of £72.00 for collection charges, I refer you to the clause under the agreement headed "Termination: Your Rights" which clearly explains that provided I have paid 50% of the total amount payable and taken reasonable care of the car, then I owe nothing more, which excludes collection charges. Nonetheless, you are also put on notice that in accordance with Schedule 12 of the Torts (wrongful interference with goods) Act 1977, unless the vehicle is collected by [28 DAYS] December 2016, the vehicle will be deemed as abandoned and arrangements shall be made for it to be sold at the nearest auction. I will not be liable for any losses suffered by you after this date. 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 day after 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.

[kwillow]

Re: Hello

Good afternoon,

I have just received this email. Collection of the vehicle has been confirmed by the auction house G3.

Hi Mr Wilson,

Once the vehicle has been collected and had a full inspection to confirm there is not damage deemed more than wear and tear, we would confirm the voluntary termination.

Kind Regards
Alan Payne

[kwillow]

Re: Hello

Good Morning,

Sorted out the collection, auction G3 are coming this mornning, what do i do with my V5C and also do i have to sign anything on collection?

thanks

[R0b]

Re: Hello

Morning, you don't need to sign anything, have them sign the V5 and retain it as it's your responsibility. Make a not of the long number on the V5 in case you have to do it online instead.

Take plenty of photos

[kwillow]

Re: Hello

Good Morning,

ok brill, but wont they need the V5 for the new owners from the Auction?