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Hi im not sure if this was correctly posted. I am new to this site.
Is it possible for a creditor to insist that in order to exercvise my rights to VT under s.99 CCA74, i need to sign their own VT letter stating that i agree to be liable for any damages to the vehicle where liability for those damages is in dispute? It seems to me that the creditor is protected under s.100 (4)CCA74, in any event, and that they are attempting to place me under duress by insisting that in order to execute my s.99 termination i agree to be lilable for the repair costs. (The electrical box is gone) i dispute liability for this.
I am of the opinion that any damages dispute should be ancilliary to the matter of termination and may be challenged later and dealt with via ADR or legally. I want them to initiate my VT which they received on the 16th September. I even agreed to sign their own VT albeit i crossed out the paragraph relating to the clause for any repairs stating the matter was in dispute. They are refusing to accept this until i sign it accepting all liability for any repairs.
Is it technically legal for a creditor to insist that i agree to be liable for any damages prior to executing my s 99 VT which was received by them on the 16th September?
I would appreciate a legal opinion if anyone here is suitably qualified. I have tried FOS technical desk and they are unsure.There are no authorities on the matter as far as i am aware. I am a specialist debt adviser myself although im not in work and have no access to speciliast support services. I tried emailing Gough Square chambers for an opinion but they didnt respond.
Thanks in advance.
Is it possible for a creditor to insist that in order to exercvise my rights to VT under s.99 CCA74, i need to sign their own VT letter stating that i agree to be liable for any damages to the vehicle where liability for those damages is in dispute? It seems to me that the creditor is protected under s.100 (4)CCA74, in any event, and that they are attempting to place me under duress by insisting that in order to execute my s.99 termination i agree to be lilable for the repair costs. (The electrical box is gone) i dispute liability for this.
I am of the opinion that any damages dispute should be ancilliary to the matter of termination and may be challenged later and dealt with via ADR or legally. I want them to initiate my VT which they received on the 16th September. I even agreed to sign their own VT albeit i crossed out the paragraph relating to the clause for any repairs stating the matter was in dispute. They are refusing to accept this until i sign it accepting all liability for any repairs.
Is it technically legal for a creditor to insist that i agree to be liable for any damages prior to executing my s 99 VT which was received by them on the 16th September?
I would appreciate a legal opinion if anyone here is suitably qualified. I have tried FOS technical desk and they are unsure.There are no authorities on the matter as far as i am aware. I am a specialist debt adviser myself although im not in work and have no access to speciliast support services. I tried emailing Gough Square chambers for an opinion but they didnt respond.
Thanks in advance.
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