VT nightmare for a stupid mistake please help

[Bluelashua]

Hi everyone.

Please can you help.

I stupidly signed for finance for my ex husband to purchase a vehicle and he dumped it outside my home a week ago. I don't drive so my parents are looking after it for safe keeping.

I rang barclays who said I've paid over 50% and they'd send a form to cancel the agreement which I have yet to receive. However I read on here not to sign it so after complaining they finally admitted I didn't have to sign their form I sent the template letter on here to barclays via email however they are refusing to accept it as termination firstly because it's not signed which is fine but also unless I say I'm liable for any damage, excess mileage etc. Furthermore they insist I have to pay for collection £150.00 and the nearest auction centre is 100 miles away.

I am really worried as I don't have a clue what to do and it seems barclays are blocking me every step of the way. Please help

[slainte caragh]

Re: VT nightmare for a stupid mistake please help

Tagging [MENTION=39710]des8[/MENTION] [MENTION=5553]charitynjw[/MENTION]

[des8]

Re: VT nightmare for a stupid mistake please help

Hi
AFAIK you do not pay for collection, and you can dispute an excess mileage charge
As for damage, take photo's of the vehicle, inside and out, from all angles.
I believe the vehicle only has to be in reasonable condition for its age.

But [MENTION=71570]R0b[/MENTION] is the one who knows about VTing, so I've tagged him for you.

[charitynjw]

Re: VT nightmare for a stupid mistake please help

^^^^^^^ what Des says.....

[R0b]

Re: VT nightmare for a stupid mistake please help

I rang barclays who said I've paid over 50% and they'd send a form to cancel the agreement which I have yet to receive. However I read on here not to sign it so after complaining they finally admitted I didn't have to sign their form I sent the template letter on here to barclays via email however they are refusing to accept it as termination firstly because it's not signed which is fine but also unless I say I'm liable for any damage, excess mileage etc. Furthermore they insist I have to pay for collection £150.00 and the nearest auction centre is 100 miles away.

You should make a formal complaint to Barclays about this.

Firstly, there is no requirement under the CPR to sign your letter and in event event, if you put your name at the end of your email then that would be deemed as an electronic signature under the Electronic Communications Act 2000 - you do not need to provide a wet signature.

As for the collection charge, no you are not liable for those either nor should you be required to drop it off 100 miles away, it is their car and they should come to collect since your liability is limited to the 50% and any contractual term which attempts to increase that liability (including collection fees or dropping it off) is void.

It sounds like whoever is at Barclays doesn't have a clue or is trying to delay things. Put in a formal complaint and outline what you have said and then get them to explain their actions, otherwise take it further to the Financial Ombudsman Service. The CCA only requires you do give notice, which is what you did.

[Bluelashua]

Re: VT nightmare for a stupid mistake please help

Thank you very much. I have the form now and it says at the bottom :
I will remain liable for any repair costs incurred should the vehicle not meet these standards and these costs will need to be paid by me prior to my liability to barclays partner finance being cancelled.

I don't understand what that means? Are they refusing to accept the cancellation?

It's all very upsetting and I really appreciate your help.

QUOTE=R0b;758744]You should make a formal complaint to Barclays about this.

[R0b]

Re: VT nightmare for a stupid mistake please help

It's not up to Barclays to determine when the agreement is cancelled nor can they refuse to cancel the agreement on the condition that you pay all of the fees. Again, the CCA makes it very clear you can terminate the agreement at any time before the final payment becomes due. No contract terms or Barclay can do anything to the contrary to stop this. Well, they can try but legally speaking, they can't and it will get absolutely nowhere if they tried to argue that in court.

If the form is suggesting what you are saying, then I would consider that misleading as to the law but also possibly in breach of the Consumer Protection from Unfair Trading Regulations 2014 and in which case, I would also report it to your local Trading Standards.

You will come to realise, as many do on here that VT is not as easy as it used to be and some finance companies will do whatever they can to delay, pressure or even misrepresent what the law says in order to get what they want. In the end, it is up to you as to what you want to do. Sometimes, it is easier to simply drop the car off or pay the collection charge or even offer a reduced collection charge in order to get rid of the thing. Other cases you might want to stick to your guns as a matter of principle.

I can't tell you what you have to do rather I present the options and you take the path you wish to take.

[Bluelashua]

Re: VT nightmare for a stupid mistake please help

I don't want to create more problems so can return the car however I am worried they won't accept my cancellation ������

- - - Updated - - -

Manheim refuse to accept the car without permission from barclays and they won't give it

[R0b]

Re: VT nightmare for a stupid mistake please help

Well then like I said you should make a formal complaint to Barclays, if not take it to the FOS.
Alternatively you can send a letter from the templates section to Barclays saying that if they don't come collect the car you will consider it to be abandoned and you will get rid of it yourself.

Not much more I can do I'm afraid, the rest is up to you.

[Bluelashua]

Re: VT nightmare for a stupid mistake please help

Thank you for all your help.