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Hello,
I have joined this forum as I confused with regards to my rights.
I have recently confirmed to my finance company that I wish to return my car under the Voluntary termination agreement. They sent me a slip to sign and send back stating that I agreed to pay any charges in relation to damage or excess mileage. I replied to them to confirm that I wouldn't sign this agreement as I believe that I am not liable to do so having read some threads on here.
I have had a reply today to say this is not true and that I am not covered by the T&Cs of the CCA I am covered by the T&Cs of my finance agreement which states excess mileage would be payable.
I asked her to confirm her understanding in writing but all she has sent me is a copy of my agreement and highlighted the points she feels are relevant. Which is the section about excess mileage being charged at 8p a mile, but then she has highlighted a section that states the following:
"You have the right to end this agreement. To do so, you should write to the person you make your payments to. They will then be entitled to the return of the good and to half the total amount payable under this agreement. If you have already paid at least this amount plus any overdue instalment's and have taken reasonable care of the goods, you will not have to pay any more."
I have paid over 50% so surly this means I don't have to pay anymore but she says that is incorrect. I feel that the T&Cs contradict each other in sections regarding excess mileage and the VT sections.
I don't think they will take the car back until I have signed to say I agree, and I need to car gone, but am at a total loss as to what to do and where I stand, as I have read a lot of these forums but I am not sure of the outcome.
I have seen some of the draft letters with regards to this and have already sent some of the wording onto them when I requested that I terminate but they don't appear to take any notice. The finance company is RCI Nissan Finance.
Any help anybody could give me would be brilliant as I am a total loss as to where to go as I just want rid of the car, but I don't know my rights.
Thanks
Rachael
I have joined this forum as I confused with regards to my rights.
I have recently confirmed to my finance company that I wish to return my car under the Voluntary termination agreement. They sent me a slip to sign and send back stating that I agreed to pay any charges in relation to damage or excess mileage. I replied to them to confirm that I wouldn't sign this agreement as I believe that I am not liable to do so having read some threads on here.
I have had a reply today to say this is not true and that I am not covered by the T&Cs of the CCA I am covered by the T&Cs of my finance agreement which states excess mileage would be payable.
I asked her to confirm her understanding in writing but all she has sent me is a copy of my agreement and highlighted the points she feels are relevant. Which is the section about excess mileage being charged at 8p a mile, but then she has highlighted a section that states the following:
"You have the right to end this agreement. To do so, you should write to the person you make your payments to. They will then be entitled to the return of the good and to half the total amount payable under this agreement. If you have already paid at least this amount plus any overdue instalment's and have taken reasonable care of the goods, you will not have to pay any more."
I have paid over 50% so surly this means I don't have to pay anymore but she says that is incorrect. I feel that the T&Cs contradict each other in sections regarding excess mileage and the VT sections.
I don't think they will take the car back until I have signed to say I agree, and I need to car gone, but am at a total loss as to what to do and where I stand, as I have read a lot of these forums but I am not sure of the outcome.
I have seen some of the draft letters with regards to this and have already sent some of the wording onto them when I requested that I terminate but they don't appear to take any notice. The finance company is RCI Nissan Finance.
Any help anybody could give me would be brilliant as I am a total loss as to where to go as I just want rid of the car, but I don't know my rights.
Thanks
Rachael
