Car agreement terminated

[simonr3258]

I've recently been in communication with vwfs after an injury in Dubai I'd been off work and couldn't pay my car payments 3 months . I've had the agreement since march 2013 and paid over 60% . They sent me an income outgoings exp which I returned promptly , they say I never returned it and that my agreement was terminated and my car was going to be repossed by Burlington please help I want to keep the car and can afford to catch up the last remaining payments HELP

[R0b]

Re: Car agreement terminated

Hello,

Do you have any proof that it was terminated? If you don't then its likely that you may struggle, although you could make a formal complaint to VWFS and explain the situation, if they don't uphold your complaint you can make a further complaint to the Financial Ombudsman.

Generally, when an agreement is terminated, there is no going back and you cannot reinstate the agreement. So I think your next steps are to follow the formal complaints process. You should point out if you have never missed a payment until your injury and that you notified them of your circumstances so it is more likely than not that you did return the income/expenditure form.

A point to note for the future, always get proof of postage or send it by email or some other form which you can evidence. Arguing something done without proof is much harder.

[simonr3258]

Re: Car agreement terminated

I did email the income exp form also as I've paid 60% off how long does it take through a court order and can I ask the courts to look at it

- - - Updated - - -

The agrreement was due to end in march as well

[R0b]

Re: Car agreement terminated

Have they sent you any letter confirming that the agreement is terminated? And have they issued court proceedings yet to recover the car?

If not, I suggest you go down the formal route as proposed, otherwise wait until court proceedings are issued then you file your defence and leave it up to the judge to decide. You may have a better chance through the Ombudsman if you can show evidence it was email.

[simonr3258]

Re: Car agreement terminated

Obviously I have a default now to go with it . I've had a letter terminating yes and that it's been passed to Burlington I've also got the arrears money to pay it . But they are saying there's no agreement now live . How long does it take to receive court summons and if I defend it that can take months ? yes

[R0b]

Re: Car agreement terminated

It will take as long as it takes for them to issue it. Normally a few letters may be sent before proceedings are issued. VWFS cannot just retake the car as you have paid over 1/3 of the price so they will need to issue proceedings to recover the car and if they do then they are in breach of the consumer credit act.

Personally, I wouldn't be solely relying on waiting to go to court to argue your case but it is your choice.

[simonr3258]

Re: Car agreement terminated

So which ombudsman do I need to complain. To thanks

[R0b]

Re: Car agreement terminated

You can't just complain to the Ombudsman straight away. Your starting point is to put in a formal complaint to VWFS and explain your reasons as to why the agreement shouldn't have been terminated as you sent the income/expenditure form by email to them. The FCA rules state that they should not have terminated the agreement if you were struggling to make the repayments but genuinely wished to come to an arrangement to repay the outstanding payments.

By terminating the agreement it gives rise to an unfair relationship and they should have took the income/expenditure form into account. They didn't and therefore they wrongfully terminated the account.

Keep a record of the complaint you sent either by email or proof of postage. They have up to 8 weeks to respond if not you can take it to the Financial Ombudsman. The thing about the Ombudsman is that they will look at what's fair and reasonable which may not necessarily be the same stance as what the law says. If you accept an Ombudsman's decision, both parties are legally bound by it.

[simonr3258]

Re: Car agreement terminated

Hi I contacted vwfs today they have agreed to pass it to there complaints dept which gives me a chance to prove that I've sent the emails thanks for the advise