GMAC VT

[R0b]

If you are standing by your position then you can simply attach a copy of the correspondence you sent to Vauxhall listing the reasons why you do not believe you are liable. If they want to issue legal proceedings then that's up to them but ultimately it is up to them to prove their case, not you.

Given that you are not budging on your position you can alos point this out and that you do not agree to external agents contacting you at home as you will not be paying any sums because you do not believe you are liable. You could make a point of this and say to them that any further contact from them (other than the commencement of legal proceedings) will be treated as harassment.

[HHEPPY]

Thank you Rob, I will dig out the correspondence and send it off to them.

regards,

Andrew

[HHEPPY]

Hi Rob,

They sent a further letter confirming what is due, also they emailed me with the same, I have again replied to state that the agreement was subject to a VT and as such my liability was limited to 50% of the sums due, as those sums were paid (slightly exceeded actually) i have no further liability under the agreement.

In addition, despite my requests, I am receiving text messages and phone calls from them urging me to make contact, I have therefore stated to them that they stop doing this immediately otherwise I will class it as a breach of GDPR, I have stated that I am happy to correspond via email only and given them my email address.

The latest text asked me to contact them to avoid possible court action and costs.

regards,

Andrew

[R0b]

Remind me again, have you made a formal complaint to GMAC about this? If yes, what stage is it at?

Regardless you should make a formal complaint about their excessive correspondence in a way that you did not agree to which constitutes harassment. Take that to the Financial Ombudsman and seek compensation for their blatant ignorance.

[HHEPPY]

Thanks Rob,

this is Debt Managers Ltd who have continuously badgered and harassed me by text and phone, despite my request for email correspondence only. They finally stopped when I firmly stated that any further such contact would result in me reporting them for a breach of GDPR.

anyway their email correspondence is now dedicated to highlighting a term in the agreement relating to the excess mileage, when I point out the terms relating to VT in the same agreement they continually state that all that means is half the debt under the agreement is wiped off, but my excess mileage liability remains

i have pointed out that under the VT clause, once half the amount due has been paid and the goods have been well looked after I have no further list.

i continually respond to them with this and I will do until they take note.

do you have any further comments or thoughts on this?

regards


Andrew

[R0b]

Nothing further to add.

The contractual arrangement is subject to the Consumer Credit Act (this is clearly highlighted on the front page of your agreement). If they want to rely on a contractual term of the agreement then its up to them to prove that the term does not conflict with any rights or remedies you have under the CCA.

Personally, I would simply send a final letter saying you are not engaging any further in correspondence since you are getting nowhere and have now reached an impasse. They know your stance on the matter and if their client wishes to pursue the debt then you would advise them to issue legal proceedings which in any event would (presumably) defended by you.

As long as you make it clear why you are no longer corresponding, any further badgering would be harassment and leaves you open to claim compensation as a result.

[HHEPPY]

Rob,

a further response from earlier today

absolutely unbelievable, attempting to separate the mileage terms from the agreement, what are your thoughts?

i didn’t want to tell them prior to this that if they want to take it further they need to issue proceedings, however, now I might just do that

regards,

andrew

Thank you for your email. Having reviewed the matter, you are not liable for the remainder of the agreement which was voluntary terminated. This agreement covers the value of the car and any interest.

The amount that we are discussing is in addition to the agreement and is not covered under the voluntary termination of the vehicle.

[R0b]

I think what they are alluding to is that you don't have to pay anymore instalments undder agreement but that the excess mileage is a breach so sits outside of those instalments. As I've repeated on numerous occasions, the CCA says that when you terminate, liability for breach of contract or other compensation is not recoverable or forms part of the total price payable.

Don't really have anything to add - I'm not a fan of ping pong correspondence. It's up to you how you want to move forward with it as you are in the same positon as many others - either pay up or call their bluff and wait to see what happens.

[HHEPPY]

Hi Rob,

many thanks for your reply, I will go back to them and state that as per my previous correspondence (via email) I consider this matter closed and no further correspondence will be entered into

see what they do from there I think.

I will keep you informed.

regards,

Andrew

[HHEPPY]

Hi Rob,

I have today received a letter from one of their complaints handlers with regards the harassment from constant calls, emails and texts.
Oddly enough she thinks they've acted as per the rules and regulations.

However, she has also included a copy of the original contract with GMAC and a copy of the vehicle condition report form Manheim and further stated that in her opinion the amount they are claiming is due.

I feel i must complain to the Ombudsman now because the complaint was due to the calls texts and emails and in no way related to the amount they claim is due, furthermore, in her position as complaints handler, I do not feel she is professionally qualified to confirm this.

She states in the letter that my case is on hold for 30 days whilst i consider making payment.

They still seem to think that although I have VT'd the agreement they can still apply other terms from the contract.

I think I know what your thoughts and comments on this will be, but i wanted to keep you up to date.

Kind regards,

Andrew

[R0b]

If you've categorically stated that you won't be paying them what they are asking for, that does not grant them the right wihtin any rules or regulations to continue sending you demand letters or using debt collectors. They either have to puruse you through the court or not, but at the very least they should stop sending demands because you'e already made your position clear.

Up to you whether you go to the Ombudsman or not

[Chuchi]

HHEPPY are you able to share the outcome of your case? Thank you :-)