voluntary termination

[si123]

We recently enquired with black horse about voluntary termination and the sent us a letter saying we needed to sign a form and agree to pay a more money even though we have paid half the total amount, we were not happy with this and told them we did not agree and we would sent our own letter, we used the template from another thread on legal beagle.

We sent the letter to black horse about 2 weeks ago with 14 days notice to collect the car,
black horse ignored the letter and so after a week we rang them four times but have been messed around each time, they tried to get us to pay extra and reduce the amount a bit but we are still not happy, they are now refusing to reply to our letter and saying that they wont collect the car until we sign their letter with their terms? Also saying they are looking into our complaint but have up to 2 months to do so, but we have made it clear we are not interested in a complaint we just want to hand the car back.

What is our next move, as they intend to keep draging it out to take more payments?

[R0b]

Re: voluntary termination

Hello, you have done all that you are obligated to in order to terminate the agreement and Blackhorse cannot reject the termination notice as it is a statutory right. However, if they choose to ignore your letter then they do so at their own risk.

Have they said in writing that they will not be responding to your letter or was this done verbally?

Have you cancelled your direct debit? If not, I would suggest doing so to prevent any further payments coming out - I also hope you have retained proof of postage if you sent your notice by letter.

[si123]

Re: voluntary termination

Yes we have the receipt, I ask them today on the phone to be clear that the were not going to collect the car, reply to our letter they were just going to look in to the complaint which he thinks they have 56 days to do, I emphasised again that we had no complaint and they were just using that as another excuse to drag it out but he said that unless we sign their letter to say 1. We have to pay some extra insurance costs that were included in the finance, 2. to say we are liable for any repairs, and 3. To say it might affect our credit rating. He said they wont collect the car unless we sign this?

I read somewhere that if we stop the direct debit then we are in the wrong, what proof do we have of their calls ?

[R0b]

Re: voluntary termination

You will only be in the wrong if you cancel your DD first before the agreement is terminated. If the letter you sent says the agreement is terminated immediate effect then you can cancel your DD as they are now in receipt of your letter. However if you said it will cancel in X days from the date of the letter, you will need to wait until that day has passed before you can cancel the DD.

You can either let them hold you to ransom on signing the letter (or just sign it) or you can play them at their own game by sending a letter and/or email to them below. The legislation referred to below allows a person who is in possession of goods to sell them provided that they have contacted the owner of the goods and given a reasonable time to collect them. If they refuse or ignore that time then you are entitled to dispose of the goods and give the owner the proceeds of sale less any costs involved in selling it.

If you do intend on using the below template, you may need to adjust it to suit your needs and there is a paragraph in brackets that you may wish to include or exclude from your letter. Do make sure that your final version makes sense rather than copying and pasting as it will look a little embarrassing when read by Blackhorse

Any questions let me know

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

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

Dear Sir or Madam,

Agreement number:
Vehicle Registration:

I am writing in relation with the above matter and in connection with giving notice to voluntarily terminate my hire purchase agreement. On [date] notice was given to Blackhorse to terminate the hire purchase agreement effective immediately, and a request to collect the vehicle within 14 days. Despite calling Blackhorse on a number of occasions to arrange the collection, you have so far ignored me. In particular, I spoke a customer service advisor from Blackhorse named [NAME] on [date] who insisted that unless I signed the termination letter agreeing be liable for all additional charges including insurance and repairs to the vehicle, then Blackhorse will not arrange a date for collection. I would like to point out that not only has the agreement terminated but the actions of [NAME] amounts to aggressive commercial practices under the Consumer Protection from Unfair Trading Regulations 1999, of which I will be reporting Blackhorse to Trading Standards as to the conduct of their employee.

[Nonetheless, 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 a trespass. In particular, following my notice to terminate the agreement, a reasonable time was given time to collect the vehicle yet regrettably, this appears to have been ignored.]

Nonetheless, because you have refused to remove your vehicle at my request, you are therefore put on notice that in accordance with section 12 of the above Torts (Interference of Goods) Act 1977, unless the vehicle is collected by [14 DAYS FROM DATE OF LETTER] 2017, 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 vehicle being sold. I am lawfully 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.

[si123]

Re: voluntary termination

Thanks that's very helpful, they don't make it easy for anyone to complain no email address and the online form doesn't allow much space, looks like I'm back on the phone tomorrow, I'll update then, thanks

[si123]

Re: voluntary termination

So after 2 weeks of trying to get through to someone helpful we got someone who said they can collect the car and wave the collection fee and any extra charges but only if we sign the letter drafted by them, we can cross out anything we don't agree with which is everything on the letter but they can't collect it if we don't? That seems weird to me, here is the letter they want us to sign

I wish to exercise my right to vt {crossed out)
I agree to return the goods to you and pay 500 ( crossed out)
If we don't pay the can pass to debt agency (crossed out)

I confirm to
deliver to auction or ( crossed out)
pay collection or ( crossed out)
enclose payment ( crossed out)

I also agree to be liable if condition affects resale price ( crossed out)

Then a few tick boxes about tax/insurance and mot

Thats the letter, they said we have to sign but can cross out anything we don't agree with.

[R0b]

Re: voluntary termination

If you want to cross it out, its up to you, I can't see any harm but at the end of the day you are still signing their document for which there is absolutely no legal obligation. Personally, I wouldn't and would rather send something along the lines I mentioned above, but if you feel like that is sufficient and perhaps want to deal with any arguments at a later date about signing their document again its your choice.

All I can really do is give you the options, and it is ultimately up to you which route you want to take. You should ideally be getting everything in writing to because a mere phone call isn't going to be helpful if they threaten legal action.

[si123]

Re: voluntary termination

No I'm not going to cross out the letter and sent it back, just got off the phone with them and they are actually going to reply to us in writing but their official stance is that
They don't cancel the agreement until they have the car back, and they say they car collect money for it until then.(Even though the letter said cancelled with immediate effect on the 29/4/27)
They have a right to add charges because of some small print in the contract about gap insurance. And because we signed it we are bound regardless of what cca says.
And its not possible for them to send an updated letter we can only cross out the bits we don't agree to, and they wont collect the car till we do.

I do like the idea posted above but its a bit to high risk for me

Looks like I'm going to have wait till I get their letter then send it to the ombudsman.

After reading a few things online today seems like black horse are well known ignoring people.

[ostell]

Re: voluntary termination

So what they are saying is that the CCA doesn't apply to them. Did you send the letter in post #4? It should concentrate their mind somewhat. It has on previous VT problems. If you are nervous you don't have to follow through the threats. Have you now transferred the V5 back to them and then cancelled your insurance? Have you cancelled your direct debit yet.

[si123]

Re: voluntary termination

I did send the first letter recorded delivery, I did ask them if they thought they could write anything they want in the small print and if they thought that beats the cca, they think it's does.
I have not cancelled the dd yet because the act says it's applies to non default cases so I don't want to give them any ammo. And I didn't know what to do about the v5.

This is go in to be the first time they acknowledged and of it's so once I have their answer in writing I can reply.

I am trying to stick to the rules then I can argue any points with them later bit I have told them the agreement ended 2 weeks ago, and they must say they disagree lol

[R0b]

Re: voluntary termination

Not sure what you've been reading about the act applying to non-default cases but it has no relevant to VT. Giving notice to terminate agreement and once that agreement has ended is simply that, provided you have paid 50% of the total price payable then you do not owe any more instalments.

If you want to keep your DD running with the risk of paying more money because they don't get back to you in time then it is your prerogative but don't expect to be able to recover it back - once you've paid it, there is a good chance your not going to get it back.

Good luck and let me know how you get on.

[si123]

Re: voluntary termination

I'll let you know thanks again for the advice

[Clarestew77]

Re: voluntary termination

Hi I'm not sure if I'm in the right forum lol as I'm new to this. I have VT my car with motonovo the bloke as just picked the car up and has wanted to charge me £135 for the alloys it's a 7year old car on a 60plate would or should this be under reasonable wear and tear. I refused to sign the paper work as I'm aware I have no legal obligation to sign it as I don't agree with what he has stated I have photos of the car and wheels. Please can some one help. Have I done the right thing and will they proceed to want the money from me
Thanks

[R0b]

Re: voluntary termination

Hi I'm not sure if I'm in the right forum lol as I'm new to this. I have VT my car with motonovo the bloke as just picked the car up and has wanted to charge me £135 for the alloys it's a 7year old car on a 60plate would or should this be under reasonable wear and tear. I refused to sign the paper work as I'm aware I have no legal obligation to sign it as I don't agree with what he has stated I have photos of the car and wheels. Please can some one help. Have I done the right thing and will they proceed to want the money from me
Thanks

Hi Clare,

Start a new thread and post up but generally they might charge you for it, if you disagree and believe that it is reasonable given the age of the car then say so and refuse to pay, otherwise pay them.

[Clarestew77]

Re: voluntary termination

I have refused to pay it I have photos of the alloys. I also refused to sign the report sheet he wanted me to sign saying that I accept in his findings.
As it's reasonable wear and tear. I was just wondering would I have a good case if they took it to court