Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

[TheBoomerang]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

You need to get the VT in as quickly as possible as you will be liable for any contractual payment up until the end of the notice and the agreement is terminated.

My letter was sent in and I had a phone call from Alphera today. They said everything was in order, I needed to send them the logbook and MOT certificate and then they would arrange for the car to be collected.

i had a look around my car today to check for any problems, it's a 2007 reg with 65k on clock. Wheels are in pretty good condition, it's got 3 stone chips on the rear spoiler and a scratch on the edge of the door, around an inch long. I assume that is as expected.

it has xenon headlamp washers, and one is missing, resulting in a 1x3inch gap in the bumper where the cover should be. Realistically this can only be sorted by a dealer (around £200) unless I get lucky at a scrapyard. Would you get this fixed now, or wait until it's collected and pay if they produced an invoice, I would assume that this doesn't affect the VT but does not constitute fair wear and tear?

[Guest]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

My letter was sent in and I had a phone call from Alphera today. They said everything was in order, I needed to send them the logbook and MOT certificate and then they would arrange for the car to be collected.

i had a look around my car today to check for any problems, it's a 2007 reg with 65k on clock. Wheels are in pretty good condition, it's got 3 stone chips on the rear spoiler and a scratch on the edge of the door, around an inch long. I assume that is as expected.

it has xenon headlamp washers, and one is missing, resulting in a 1x3inch gap in the bumper where the cover should be. Realistically this can only be sorted by a dealer (around £200) unless I get lucky at a scrapyard. Would you get this fixed now, or wait until it's collected and pay if they produced an invoice, I would assume that this doesn't affect the VT but does not constitute fair wear and tear?

I would expect that the minor chips would be fair wear and tear, but anything which would be considered damage would be down to you. Personally I would try and get it resolved cheaply before it went back to save problems afterwards, conversely you can just let them chase you post termination.

[Furryhobnob]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

Rms have replied again, over 3 weeks since I sent what you typed, any help on a response please, reply is below, cheers

Claire,

Please see below your e-mail stating you are prepared to pay the excess mileage.

You signed the contract on the understanding of the contract and terms and conditions. (So you read and understood the contract).

This makes you liable for the understanding that you were aware of there being 6,000 miles per annum and not 12,000 which you thought, but incorrect.

You admitted liability on the grounds of the contract regarding the excess mileage ( as stated below)

Your calculations were incorrect, this could be due to the fact of you not reading the contract. But you signed the contract on the 'understanding the contract' therefore you are liable for the excess mileage in that contract.

Please call me on 0113 201 4440.

A further letter of demand has been sent to you via post.

Regards,

Wayne

[Furryhobnob]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

This is the email he's referring to above, which is one of the first emails she sent to them

To whom it may concern.

I have tried to call regarding my email requesting payment for damage and excess mileage but couldn't get through to anybody.

When I signed for the Peugeot it was agreed the mileage was 12,000 miles per year. As I have exceeded this by 1055 miles I will pay the excess of £70.90. *I assume this is a mistake on your part.

When the inspector came to collect my car I was unable to wait for him to complete the inspection so informed him to ask for me if there were any issues. If everything was fine then my colleague could sign it. If there was any problem I could come out of work to check it. He told my colleague it was fine and no issues so she signed it on my behalf. On inspecting the receipt I noticed he had put there was damage to NSF alloy rim. *I called him and asked why he hadn't got me like requested and why he said there were no issues yet recorded this. He told me to look on the website for the photos he took of my car. *I tried but couldn't access these. He then texted me a photo of the alloy he said was damaged. As you can see from the attached picture there is no damage.
I see from this inspection report it is saying there is damage to both the OSF and NSF alloys. I dispute this as they were fine when the car was collected.
I await your response before processing the payment of £70.90 as detailed above.

Regards
Claire

[Guest]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

The consumer credit act contains protections for people who take ou HP agreements. The goods, as long as "reasonable care" has been taken can be returned without further cost once half the total contractual price has been paid.

The purpose of this section is to ensure the value of the bargain, there can be no facility for the creditor to "contract out" of this requirement, pointedly the act states so for the avoidance of doubt in section 173.

Your assertion that a contractual term can over-rule the requirements of statute is incorrect.

[Furryhobnob]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

So he's basically trying it on? Shall I tell her to just ignore them?

[Guest]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

So he's basically trying it on? Shall I tell her to just ignore them?

You could copy and send the response above. It is a point of contention, and to be honest I have seen it go either way in court, it depends on how well clued up the judge is on the day, and how clearly the debtor puts his argument.

Basically, it is pretty pointless having legislation which protects the hirer if the creditor can just include a term in the contract which renders it useless.

[Furryhobnob]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

So they could take it to court and win is what your saying?

[Guest]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

So they could take it to court and win is what your saying?

It has happened, it has also happened that they have tried and lost. I am unaware of any binding precedent in the matter, so each case wiould be decided on its own facts and on the day.

[Guest]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

Usually they are reluctant to take these to court as they are afraid of the precedent or publicity which would accompany a loosing case.

[Furryhobnob]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

Ok cheers Andy, I'll get her to send what you've put above, and see what they reply with, thanks again

[ncf355]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

Thanks for the PM, FH

I agree with Andy

I'd also reiterate from previous posts that the oFT have given clear indications in the past that any term seeking to override the act is invalid (this of course in addition to the fact the act clearly states this itself)

You appear to have a strong argument so I would imagine they'd be on to a loser if they took this to court

[Furryhobnob]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

Claire,

Your statement in an e-mail states 'When I signed for the Peugeot it was agreed the mileage was 12,000 miles per year. As I have exceeded this by 1055 miles I will pay the excess of £70.90'

You were incorrect as the mileage you exceeded was 20,514.46 miles. So the balance owed for excess mileage is £1,378.57, as the contract does not state 12,000 miles pa, but 6,000 miles per annum. An error on your part.

' The goods, as long as "reasonable care" has been taken can be returned without further cost once half the total contractual price has been paid', refers to your contractual payments. The excess mileage charges is your end of contract charges.


Regards,

Wayne

This is their response to what you asked me to respond with

[Guest]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

There is another argument which I remember someone raised, and got the claim dropped on one occaision.

For a contractual term to be enforceable it must be proportionate, in other words if the car had done less than the contractual amount the credotr should issue a rebate at the same rate as the charge.
If this facility is not also within the contract the term becomes a penalty and unenforceable under common law.

Also there is the unfair terms in consumer contract provisions 1977 section 5, which stated that an un-negotiated term such as this would IMO be unfair and void.

[Guest]

Re: Voluntary Termination of a Hire purchase or conditional loan under the CCA 1974

OK it is upto you, personalty would tell them to swivel.