Results 1 to 20 of 20

Thread: Volantry Termination problems!

  • Share
  • Thread Tools
  • Display
  1. #1
    Pav_978's Avatar

    Junior Member



    Joined
    Oct 2017
    Posts
    13
    Mentions
    0 Post(s)

    Default Volantry Termination problems!

    So I decided to VT my car with 'the car finance company' after being stuck with the past code system and massive monthly payments.
    I spoke to a lady on 22nd sept she said yes I can terminate as I'm over 50% and not in arrears and was sending me a 'pack to sign' which I never actually received. After reading alot of posts i knew i didnt need to sign the pack to vt. So I used you template and sent it recorded deliver they received this on 27th sept.
    After no response I emailed to find them adamant I couldn't vt unless I signed the pack and they wasn't prepared to accept my written notice. If stated to them many of times that I know I don't need to sign and that of done everything I need to do. So yesterday the lady emails to tell me if I don't sign they will repossess the car... A) can they do that after iv vt? Even though they are saying they won't accept my written notice. B) can they repossess when I'm 26months into a 48 month contract? I also cancelled all future payments because my understanding was that once they received my VT letter I was no longer liable for the car or payments. Can someone please shed sone light on this or any advice? Iv tried searching the forum but arnt finding any case that's similar to mine?
    Thanks in advance.

  2. #2
    Kati's Avatar

    LB Team Member



    Joined
    Jun 2014
    Posts
    11,764
    Mentions
    1216 Post(s)

    Default Re: Volantry Termination problems!

    one for you @R0b xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is [email protected]
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

  3. #3
    R0b's Avatar

    VIP Member



    Joined
    Sep 2015
    Posts
    4,258
    Mentions
    715 Post(s)

    Default Re: Volantry Termination problems!

    Hello,

    Can you copy and paste the email that the employee sent you? Who is the lender in this?
    DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.


  4. #4
    Pav_978's Avatar

    Junior Member



    Joined
    Oct 2017
    Posts
    13
    Mentions
    0 Post(s)

    Default Re: Volantry Termination problems!

    Good afternoon

    Thank your for your email

    If you do not sign or accept the liabilities, you payments will still be due, if they are not paid this will be up for repossession and you will be liable for the full finance, if you sign and Voluntary Terminate the contract your liability is £0.00

    Kind regards

    The company is the car finance company. As far as I'm aware they have gone into administration. I even had my contract out and even there it says written notice.
    Thanks for the speedy response.

  5. #5
    R0b's Avatar

    VIP Member



    Joined
    Sep 2015
    Posts
    4,258
    Mentions
    715 Post(s)

    Default Re: Volantry Termination problems!

    Ah yes, I think someone else had a similar issue with these guys previously. Is the company's full name The Car Finance Company (2007) Ltd ,if so they haven't filed for administration on companies house and are actively trading.

    Your starting point is to make a formal complaint against them and start that process off. Perhaps a fairly strongly worded response to them might suffice but they might not react. I wouldn't worry too much about those threats for repossession, let them take it since the agreement is cancelled and I would love to see them take you to court for the remaining balance of the finance.

    Let me have a think and I'll provide an example response, though if you want to do it yourself that is fine also.
    DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.


  6. #6
    Pav_978's Avatar

    Junior Member



    Joined
    Oct 2017
    Posts
    13
    Mentions
    0 Post(s)

    Default Re: Volantry Termination problems!

    That would be great. Thank you so much. I really appreciate that. My husband saud they same about letting them take it but I'll be honest I'm a full time worker with 2 small children and don't want the hassle or stress of that. Just want the whole thing dealt with as quickly as possible.
    Really appreciate you advice & fast response.

  7. #7
    ostell's Avatar

    VIP Member



    Joined
    Mar 2013
    Posts
    2,642
    Mentions
    207 Post(s)

    Default Re: Volantry Termination problems!

    They do need a signature but it doesn't have to be on their form. As they have received the form then you will be hassling to arrange pickup. Be sure to take photographs of the car just in case they claim defects. You don't have to to sign the form when they pick up the car if there are other conditions on it.

  8. #8
    Pav_978's Avatar

    Junior Member



    Joined
    Oct 2017
    Posts
    13
    Mentions
    0 Post(s)

    Default Re: Volantry Termination problems!

    If taken about 50 pictures because iv read people have had problems there aswell. I downloaded the time stamp app too so there all time and dated.

  9. #9
    R0b's Avatar

    VIP Member



    Joined
    Sep 2015
    Posts
    4,258
    Mentions
    715 Post(s)

    Default Re: Volantry Termination problems!

    Quote Originally Posted by Pav_978 View Post
    Good afternoon

    Thank your for your email

    If you do not sign or accept the liabilities, you payments will still be due, if they are not paid this will be up for repossession and you will be liable for the full finance, if you sign and Voluntary Terminate the contract your liability is £0.00

    Kind regards

    The company is the car finance company. As far as I'm aware they have gone into administration. I even had my contract out and even there it says written notice.
    Thanks for the speedy response.
    Evening,

    Here's an example response, perhaps a bit on the strong side but you can adapt it to suit your needs.

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


    Dear Sir or Madam,

    I am writing further to your email dated [DATE].

    I am somewhat surprised by the contents of your email in which you suggest that I must sign your documentation otherwise the rental payments will continue to become payable and if I fail to pay, you will repossess the car.

    I refer you to section 99(1) of the Consumer Credit Act 1974 (the ‘Act) which explicitly states that I am lawfully entitled to terminate the agreement provided that notice has been given to [COMPANY]. The right to terminate is not conditional upon signing your paperwork nor does termination of the agreement require your consent; it is an indefeasible right. My duty to give notice to [COMPANY] was discharged when I gave notice on [DATE] explaining that the agreement would be terminated effective from [DATE].

    If, however, you believe that this is not the case, please could you direct me to the relevant provision under the Act that permits you to prevent termination of the agreement. As to your claims of taking the vehicle, I refer to the above in that the agreement is no longer in force. You are therefore free to collect the vehicle by contacting me to arrange a time with reasonable notice. For the avoidance of doubt, I have paid [£amount] and thus paid more than half the total amount payable and in which case, no further rental instalments are payable.

    Should you continue to pursue me in signing your documentation when I am not legally obliged to do so, I will construe your conduct as harassment and contrary to the Consumer Protection from Unfair Trading Regulations 2013 and I reserve the right to bring a claim against [COMPANY] which is actionable through the civil courts.

    Please treat this letter as a formal complaint and I expect a response within 8 weeks, failing which I will follow up the complaint with the Financial Ombudsman Service.

    I look forward to hearing from you to arrange a suitable time to collect the vehicle.

    Yours faithfully,

    [NAME]
    DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.


  10. #10
    Pav_978's Avatar

    Junior Member



    Joined
    Oct 2017
    Posts
    13
    Mentions
    0 Post(s)

    Default Re: Volantry Termination problems!

    That's great. Thank you so much. I'll look forward to there response. 🖒

  11. #11
    Pav_978's Avatar

    Junior Member



    Joined
    Oct 2017
    Posts
    13
    Mentions
    0 Post(s)

    Default Re: Volantry Termination problems!

    So they sent me an email to say they received my complaint and called this morning. Basically saying it's there terms and conditions I sign the form. I argued with him and he said until i sign i cant VT. He said they will repossess it and I'll be liable for the rest of the finance. What now? He said if the cars in good condition why won't I sign it. 😣

  12. #12
    R0b's Avatar

    VIP Member



    Joined
    Sep 2015
    Posts
    4,258
    Mentions
    715 Post(s)

    Default Re: Volantry Termination problems!

    Well what you need to do is get that in writing so you can make a formal complaint to the Financial Ombudsman. Rather than getting phone calls from them you really need to be getting it all in writing from this point forward. All well and good having a conversation, but if you have no record of it, then its a he said she said situation.

    If you sent the email above, then it clearly sets out that you wish for it to be treated as a formal complaint. I would be inclined to send another email and confirm what was discussed over the phone - I would suggest that you tell them all future correspondence must be in writing and any attempt to make contact otherwise will be considered harassment. You might also want them to confirm that what they said on the phone is their final response so that you can pursue the matter with the FOS.

    Or the alternative is to simply send them the template letter that if the car is not collected within 14 days, then you will deem that it is abandoned.

    You can't win with stupid and I don't have anything further to add really until they either collect or they provide you with their final decision so you can go to the FOS about it.

    Few choices, but up to you which route you want to take.
    DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.


  13. #13
    Pav_978's Avatar

    Junior Member



    Joined
    Oct 2017
    Posts
    13
    Mentions
    0 Post(s)

    Default Re: Volantry Termination problems!

    Honestly why are they making it so difficult! Iv had my contract out and in there just states written notice which I did. But he's saying untill I accept liability it can't be terminated. It's infuriating.

  14. #14
    R0b's Avatar

    VIP Member



    Joined
    Sep 2015
    Posts
    4,258
    Mentions
    715 Post(s)

    Default Re: Volantry Termination problems!

    The lender is not the decision maker and as I've said termination is not contingent upon them accepting it, so there's no real need to get yourself in a tizz about it all. It is annoying and frustrating but there are methods out there that you can use to solve the problem as per the above.
    DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.


  15. #15
    Pav_978's Avatar

    Junior Member



    Joined
    Oct 2017
    Posts
    13
    Mentions
    0 Post(s)

    Default Re: Volantry Termination problems!

    Thank you.

  16. #16
    Pav_978's Avatar

    Junior Member



    Joined
    Oct 2017
    Posts
    13
    Mentions
    0 Post(s)

    Default Re: Volantry Termination problems!

    Can you point me in the direction of the template for abandoned car?

  17. #17
    R0b's Avatar

    VIP Member



    Joined
    Sep 2015
    Posts
    4,258
    Mentions
    715 Post(s)

    Default Re: Volantry Termination problems!

    http://www.legalbeagles.info/forums/...tter-Templates

    Its the last letter, you will need to adapt to suit your situation. You might want to be more generous and allow up to 28 days for them to collect which shows more than enough reasonable time before you dispose of it.
    DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.


  18. #18
    Pav_978's Avatar

    Junior Member



    Joined
    Oct 2017
    Posts
    13
    Mentions
    0 Post(s)

    Default Re: Volantry Termination problems!

    Good afternoon...

    Thank you for your response.

    In relation to your question about my final response. The email was not the official final response, however with everything we have discussed the final response will be sent via letter disclosing the resolution to your complaint. My resolution to your complaint was and explanation to why we need your signature and to confirm you allow us to collect the vehicle. The letter you sent does not confirm you accept your responsibilities and liabilities if any. As it stands your agreement is in arrears and subject to not receiving a signed letter by yourself we are able to hold you liable for them arrears.

    I apologise that you feel this is taking longer than necessary. However, If the letter you sent on the 21/09 had been signed by yourself accepting liabilities (if any) collection of the vehicle would have been carried out. As explained, the signature is required and as we did not have this, the Voluntary Termination (VT) letter was required and to be signed by yourself.

    As noted in my last email, I have confirmed The Car Finance Companyís stance and our resolution to your complaint is a signature on a letter confirming you accept your liabilities. As it stands your agreement remains live and any further payments due will be applied to your agreement if you do not get the signed letter back to us. If you wish to proceed with the VT, you will need to get that across to The Car Finance Company so we can proceed with the Termination.

    In light of what you have just stated about the vehicle being parked on private property, subject to terms and conditions, I have to inform you, that the vehicle whilst in your possession, has to remain Insured, Taxed and MOTíd, as I can only assume, as it is parked on private property it is not insured taxed and/or does not have a valid MOT. If this is the case there could be a potential fee of £250.00, this is confirmed on the VT letter I have sent you.

    In light of the above mentioned, I can confirm that the complaint file has been closed. A formal final response will be sent in due course. This will disclose your complaint about not wanting to sign the VT letter and confirming the businessís stance regarding your complaint.

    Kind regards

    - - - Updated - - -

    So this is there reply... feel like I'm fighting a losing battle. Any advice would be great. Thank you.
    Last edited by Pav_978; 17th October 2017 at 20:12:PM. Reason: Had my name on

  19. #19
    R0b's Avatar

    VIP Member



    Joined
    Sep 2015
    Posts
    4,258
    Mentions
    715 Post(s)

    Default Re: Volantry Termination problems!

    Like Iíve said, ping pong correspondence here and itís up to you as to how you want to play it out. I canít remember if you asked them to highlight where in the CCA that VT is subject to the terms of the agreement or contingent upon their acceptance.

    If it were me, I would keep the response short, and tell them that it does not change your position in relation to selling the vehicle should they not collect it by the stipulated time.

    Theyíve suggested your agreement remains alive which is pretty ridiculous and they would definitely look silly in court but at the same time reading between the lines they might apply adverse entries to your credit file if you donít continue to pay up or sign the agreement. If thatís the case I think you will have good grounds for being a claim for breach of data protection but thatís up to you. You could wait for them to send the final decision and go to the FOS and see what they say.

    Not much more I can say on the matter. The ball is in your court.

  20. #20
    Pav_978's Avatar

    Junior Member



    Joined
    Oct 2017
    Posts
    13
    Mentions
    0 Post(s)

    Default Re: Volantry Termination problems!

    I never told them about selling the car. I asked if it was there final decision and went on to say the car is parked on my drive while I'm not liable anymore. It is taxes mot'd and insured. I feel like cancelling them all if this is what there going to be like. I did mention in my email I would take it to the FOS but that seems to have made no difference to the response at all. Thanks for the speedy reply. I really appreciate all your advice.

Similar Threads

  1. voluntary termination problems
    By froddy in forum Consumer Credit Act
    Replies: 15
    : 24th November 2016, 09:40:AM
  2. problems
    By enquirer in forum Site Issues
    Replies: 1
    : 4th April 2014, 09:16:AM
  3. Voluntary termination of a Hire Lease problems
    By jdaniels06 in forum Vehicle Finance and Issues
    Replies: 1
    : 27th February 2013, 20:32:PM
  4. BT problems
    By CYNthesys in forum Telecommunications
    Replies: 9
    : 10th January 2013, 14:09:PM
  5. CT problems
    By Kitiara in forum Council Tax Issues
    Replies: 4
    : 6th November 2012, 18:34:PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2017
LegalBeaglesģ are DPA Registered No. ZA158014
LegalBeaglesģ is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.

To find out more about managing your money and getting free advice, visit the Money Advice Service,an independent service set up to help people manage their money.

TOP