Mid Voluntary Termination Billing Finance Guidance

[DannyB]

Re: Mid Voluntary Termination Billing Finance Guidance

Okay, A friendly gent named Mark called me from Billing Finance. Seems they have received an read my letter and seems to have done the trick.

He stated that the agreement was terminated pending my missus paying the remaining £189 to reach the 50% stage which she has now done.

He will send me an email of the garage, which to be fair is only 30 miles away so am willing to drive to see it inspected. And he said after that there is nothing left to pay apart from any final bill of damage. Which I will cross when I get to it as I will not be paying anything.

So pending arranging to get it dropped off on Thursday, hopefully after this date, we will be in the clear.

[R0b]

Re: Mid Voluntary Termination Billing Finance Guidance

Guess we shall find out.. never usually that simple but we will see

[DannyB]

Re: Mid Voluntary Termination Billing Finance Guidance

Yes we shall see.. I have booked it in with G3 Re-marketing in Leeds, who seem to be an auction house. Have done some research on this forum and found another member had an issue with them regarding a ' Second inspection ' where they demanded £1600 AFTER it had been sold with no work done. I haven't signed the pack they sent to me so after the initial inspection damage report, will sign and get a copy if I agree and this should be the end of it. If they then send a form with a secondary inspection saying I owe £XXXX this will be ignored, as I didn't sign the pack agreeing to being liable for any secondary inspection.

Thanks for all the help will update.

P.S sorry its all in italics, I toggled it on and now it won't go off!!! Oh well!

[R0b]

Re: Mid Voluntary Termination Billing Finance Guidance

the paperwork does say there will be a second inspection so by you signing the paperwork you are effectively agreeing to the liabilities if any from the second inspection. As I have advised, I would suggest signing nothing but if you really feel you have to then go ahead but you might have problems after that.

If there is no legal obligation to sign the paperwork, why would you sign something agreeing to be liable for damages?

[DannyB]

Re: Mid Voluntary Termination Billing Finance Guidance

Rob I stated I haven't signed the paperwork they have sent,

The letter I sent was the template posted on your thread about VT.

The only thing I said I would sign was the first damage inspection in leeds IF I AGREE with it. I haven't signed or sent back anything from the pack they sent which I posted the pictures earlier. And when I spoke to ' MARK ' on the phone from billing finance I told him I would not be signing it as I am not legally obliged to do so.

Sorry for any confusion!

[R0b]

Re: Mid Voluntary Termination Billing Finance Guidance

Sorry I thought you meant all of the paperwork - let us know what the outcome is

[DannyB]

Re: Mid Voluntary Termination Billing Finance Guidance

Hi Rob ( And anybody else interested )

Just a quick update,

Missus took her car to G3 in Leeds as agreed by ourselves and the finance company.

She had a £20 valet inside and out before going, took pictures inside and out. Had all her documentation had just been M.O.T'd and passed with no advisories. Fully serviced and up to date stamps.

She went down with her Dad, and they did their inspection, they checked everything over and said everything was perfect with the car. Gave her the report to sign with no damages listed or costs. She signed it to agree and has a copy of this for her reference

They say there will be a second inspection, but as she didn't sign the original forms the finance company sent out saying she would be liable for a second one, that doesn't matter and anything that comes back from a second inspection will be waved off.

As far as I can see everything is now done. V5C Handed over, insurance cancelled on the car, tax cancelled happy days

I just want to say Rob a massive thanks for all the advice, the templates etc. I feel that without this knowledge and getting everything sent over so strongly worded and them knowing from the start I am clued up. That they may have attempted to pull the wool well over my eyes.

Will update if anything changes, but I hope this forum post will help anybody else in the future in the same situation.

[R0b]

Re: Mid Voluntary Termination Billing Finance Guidance

Good to hear, hopefully all will be ok

[DannyB]

Re: Mid Voluntary Termination Billing Finance Guidance

Rob,

FYI This is the problem I was referring too in the PM.

[R0b]

Re: Mid Voluntary Termination Billing Finance Guidance

Hi danny i'm just posting your message below so I don't need to keep going back and forwards looking at it, i'll have a proper read soon, but in the meantime although its in principal sometimes you have to look at the end game and also costs and risks of losing if you don't settle.

What's your views on the damage claims for the alloy wheels, are they justified?

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

Morning Rob,

Hope you are well.

I wondered if you could give me some advice.

So I don't know if you remember you gave me some advice regarding voluntary termination of my partners Vauxhall corsa a few weeks back. And I sent off the letters all seemed to go smooth.

It was taken to G3 Remarketing and was auctioned off 4 days after she took the car back.

Heard nothing back until 6 weeks after they started calling and saying that she owed money or damages.

So they are claiming that she owes £58 for damage to 3 alloy wheels which require refurbishment and 1 scratch on the near side door with a repair cost of £12. They are claiming over £700 damages but have not charged us for the most and are only charging us for £58.

Although people may say its only £58, its the principal I feel. They had already sold the car 4 days after taking it back, no work had been carried out on the supposed damages and when we requested invoices for the completed work for the damages claimed they rejected to give it and said they do not need to provide this. They are now saying we have until 7th July before this is transferred to their legal team to start proceedings which could incur substantial costs.

Hope you can help me with any situations,

Regards,

[DannyB]

Re: Mid Voluntary Termination Billing Finance Guidance

Hi danny i'm just posting your message below so I don't need to keep going back and forwards looking at it, i'll have a proper read soon, but in the meantime although its in principal sometimes you have to look at the end game and also costs and risks of losing if you don't settle.

What's your views on the damage claims for the alloy wheels, are they justified?

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

Morning Rob,

Hope you are well.

I wondered if you could give me some advice.

So I don't know if you remember you gave me some advice regarding voluntary termination of my partners Vauxhall corsa a few weeks back. And I sent off the letters all seemed to go smooth.

It was taken to G3 Remarketing and was auctioned off 4 days after she took the car back.

Heard nothing back until 6 weeks after they started calling and saying that she owed money or damages.

So they are claiming that she owes £58 for damage to 3 alloy wheels which require refurbishment and 1 scratch on the near side door with a repair cost of £12. They are claiming over £700 damages but have not charged us for the most and are only charging us for £58.

Although people may say its only £58, its the principal I feel. They had already sold the car 4 days after taking it back, no work had been carried out on the supposed damages and when we requested invoices for the completed work for the damages claimed they rejected to give it and said they do not need to provide this. They are now saying we have until 7th July before this is transferred to their legal team to start proceedings which could incur substantial costs.

Hope you can help me with any situations,

Regards,

Sorry Rob been crazy busy at work,

Okay so I understand where you're coming from, but I was under the impression that they can't charge us for works that haven't been carried out. I mean, quoting for repairs then selling the car without repairing and claiming money for the repairs they haven't carried out surely is fraudulent and just plain wrong isn't it?

Problem she has is she doesn't have pictures of the car when she bought it, but it's a 9 year old car..

[R0b]

Re: Mid Voluntary Termination Billing Finance Guidance

Yes that is true, they shouldn't be able to recover any losses that they haven't incurred and they would also be under an obligation to mitigate those losses in these circumstances, which presumably they haven't especially if they aren't providing confirmation that the damage was paid, so you argue they accepted the car deemed to be in a reasonable condition.

Even though they have suggesting initiating legal proceedings, you still need to be aware there is always the element of risk involved when going to court and it will be in the judges discretion as to what damages to award, whether that is the full amount or absolutely zero. So if you are willing to fight it on principal then I am happy to help you any way I can but I just thought I would point it out and make you aware.

So long as you show you have solid grounds of argument and your paperwork is in order, they would have to make a decision to either fight it or leave it and write off.

Before it gets to that point you could make a complaint to the ombudsman, the fact that their letter says they will pass to the legal team indicates their final response. If you submit a claim to the Ombudsman before they initiate proceedings you could ask the court to stay the claim pending the outcome of the Ombudsman's decision. Plus there will be something in the FCA rules that any action should be suspended when a dispute about the debt has arisen.

She took photos of the car before it was handed over though yes? Can she remember whether there were any of those damages when the car was collected initially, did that contribute to any negotiations of the price? Was it an ad posted online which could be traced and show the state of the car?

Have you a copy of the damage report in full with a breakdown of the damages, also do you know to what standard was it carried out e.g. BVRLA?

It might be best to draft a letter putting the finance company on notice of your intention to make a complaint to the FOS and so any further action to be suspended pending the outcome.

[Clarkey]

Re: Mid Voluntary Termination Billing Finance Guidance

Good to hear, hopefully all will be ok

Right could someone give me a breakdown from start to finish on what i need to do to vt my car back to billing as ive had it 2.5 years out of 5 years

[Amethyst]

Re: Mid Voluntary Termination Billing Finance Guidance

First check your contract - it is 50% of the payments as opposed to 50% of the time, so check the figures on your agreement and work out what you have paid to date,.