pcp handing the car back

[Sara Skiba-Draper]

Re: pcp handing the car back

Many thanks
I received on day of collection a damage report stating no issues.
Think I will approach to see if will accept a payment plan as currently do not have the funding available, one of the reasons why car was returned.

[wdk1866]

Re: pcp handing the car back

Help please...

I have finally submitted my notification to VT and arrange a collection date of Monday 3rd July.

FGA automotive services have sent a reply

that includes the following "I note that you have £164.54 remaining as the contractual amount due to settle your GAP insurance. You can make this payment immediately by calling us on the number below or by bank transfer using the attached details. Alternatively you can make an arrangement to pay by calling our Collections team on 0344 561 4738. Failure to settle this amount in full will result in it being shown as a default on your credit profile."

My agreement is for a single direct debit payment for the vehicle and gap insurance included together. How should I respond?

A quick response would be hugely appreciated.

Thanks WDK

[wdk1866]

Re: pcp handing the car back

Hi,

Hopefully this is a quick one for someone like [MENTION=71570]R0b[/MENTION] who has provided lots of advice on this thread so far.

What do i do in terms of Direct debit. FCA have accepted that I am terminating my agreement, the car will be picked on Monday 3rd July and my DD is set to come out on 30th June. Should I still pay this or look to get in cancelled?

Thanks for any advice

WDK

[R0b]

Re: pcp handing the car back

Section 99 of the CCA doesn't explicitly state that you must give a certain period of notice before the agreement is effectively terminated. In the absence of that, if you notify them of terminating the agreement with immediate effect, then that is when the agreement ends and you owe no further instalments. However if you told them that the agreement will end at a future date e.g. 14 days later and a payment is due in the meantime, then you would have to pay for that.

About your other post on GAP insurance, it depends what the contract says but usually the GAP is rolled into one payment and there is not any terms about what happens on temrination of the agreement with the GAP insurance. Therefore it can be argued that the GAP and total amount payable is rolled into one. Also you should inquire as to a rebate of the policy where the remaining months not used - so even if they try and pursue you for that amount you should be able to pay it off with the rebate money from the insurance company.

[wdk1866]

Re: pcp handing the car back

Thank you for the quick reply [MENTION=71570]R0b[/MENTION] , I am sure you must feel like you write the same advice but it is hugely reassuring. I will push back on FCA and may come back to the forum if they challenge my response.

Thanks again

[wdk1866]

Re: pcp handing the car back

Hi [MENTION=71570]R0b[/MENTION],

FCA have come back to me still pushing the GAP charges...I will include extracts from emails below but first a short summary of activity. Jan 2017 I enquired to FCA of the process of how to VT, they replied with details of what I needed to do...FCA provided me with the details stating when I would be at the VT point and things like GAP insurance. I said I would wait to the VT point and review my situation.

As per previous posts I have now VT'd my car and it was picked up today, I am sure they will be after more charges then (they said they wouldn't be able to process without signing :s)

Emails starting oldest to newest...

From FCA in response to my VT
I note that you have £164.54 remaining as the contractual amount due to settle your GAP insurance. You can make this payment immediately by calling us on the number below or by bank transfer using the attached details. Alternatively you can make an arrangement to pay by calling our Collections team on 0344 561 4738. Failure to settle this amount in full will result in it being shown as a default on your credit profile

My reply
Dear Imogen,

Thank you for confirming that my Voluntary Termination has been actioned today. Please can you confirm that no further Direct Debit payments will be taken as per this confirmation?

Also thank you for the details of BCA Logistics, I have spoken to them and agreed collection for Monday 3rd July. I can confirm the car will be have be cleaned in side and out before collection and all required documents will be available for inspection and to be taken with the car. The condition of the car is noted as being in a reasonable condition for its age and photographic evidence has been taken in the event of any future dispute as to the condition of the vehicle. I will complete and return the yellow section of the V5 on Monday 3rd July during collection.

With regards to the amount £164.54 you are claiming is due to settle GAP insurance, I am disputing this. I have a single contract for one monthly payment which includes GAP. I have paid over the 50% point of my financial credit agreement and have no obligation to any further fees. The Consumer Credit Act 1974 explicitly states that, my liability under the agreement 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. This also extends to the collection of the vehicle which I am under no obligation to pay for. However to help, I am happy to pay the amount of £70 inc VAT for the collection of the vehicle, please confirm who I need to pay and how this payment can be made?

Many Thanks

FCA response from another email account

Dear Mr,

Thank you for your email,
Please find attached the following

1. Our reply to your dispute.
2. Copy of the VT letter
3. Copy of the Finance Agreement.

Kind Regards,


EOC Contract Specialist

End of email.

I have not replied, yet.

The attached are extracts from 1. reply to your dispute and copy of financial agreement. I have not attached the VT letter as I did not action or acknowledge this email.

I would really appreciate your advice as to how to respond.

Many Thanks

[wdk1866]

Re: pcp handing the car back

Any advice on what I should do would be hugely appreciated. I am feeling really stressed that FCA are going to keep pushing on this and then will lay on top c. £500 of damage which there report suggests I would owe.