Voluntary Termination

[justask4lottie]

Re: Voluntary Termination

In terms of the 'poor repair' resulting from the accident, you have to keep in mind that you are only required to take reasonable care of the vehicle. In other words, the question you have to ask is whether or not you have been negligent in looking after the car whilst it has been in your possession. The fact that you took it to an insurer who arranged for the repairs to be done (no doubt through one of their authorised repair centres) then I would say you have discharged that duty. Whether the lender disagrees with that stance then that is entirely up to them to prove otherwise. There is case law to support this position in Brady v St Margaret's Trust where it was said that:

"The price in these hire-purchase agreements is no guide to the condition of a car. There should be evidence by the hire-purchase company to show the condition of the goods at the time the agreement was made and to show how far the hirer has defaulted under it ... the hirer's duty is to keep the car in the condition in which it might reasonably be expected to be if he had looked after it properly. He need not put it in a better condition than it was when he hired it. He need only keep it in the condition in which a reasonably minded hirer would keep it. Thus he would repair it if there was an accident, and he would do the immediate repairs in the course of running the car, but no more.The hire-purchase company should give evidence of any default on his part in that duty. "

As for the Ombudsman and Barclay's not getting back to you, I think you need to decide whether to accept the decision of not - if you do then you will be legally bound by it and can't change your mind at a later date. As I always say on here, the burden of proof lies with Barclays not yourself. You just need to make sure that you document all the discrepancies in relation to what has happened as that will be needed should Barclays issue a claim and you wish to defend it.

By all means send Barclays a letter, and if they don't respond then they don't respond. You will still need to decide whether to accept the FOS' decision.

Thanks [MENTION=71570]R0b[/MENTION]

You seem to know what you are talking about and this is a good thing to quote. I havent signed any paper work with any company (Barclays, Manheim or The Ombudsman) I did have a final letter from the Ombudsman but never signed or sent it back.

I will trying writing to Barclays once again and see what response I get from them.