volunarty termination

[alfie13]

Re: volunarty termination

I have had confirmation on Saturday that the car is not in my name anymore , could I inform the police that a car has been abandoned thanks

[R0b]

Re: volunarty termination

If that's what you want to do Alfie it's entirely your choice but I would advise against it, there's no need as it is not your issue anymore. I would write back to them and say that you have received confirmation from the DVLA on Saturday, the car is now on a public road untaxed and uninsured which is now their responsibility. Ask them when they are coming to collect or you will post the keys to their address named on the contract.

[alfie13]

Re: volunarty termination

hi rob tried to up load the letter but my phone wont let me , the car got picked up month ago , the letter says your scheduled monthly repayment due on the above date noted finance agreement number appears to be overdue for this month . this may be oversight , which can be quickly rectified by calling there number , they keep sending links to make payment sent them two emails replied to one saying my accounts active need to pay the balance thanks l

[R0b]

Re: volunarty termination

So just to clarify, you responded to their emails presumably saying that the account is closed and you have handed back the car last month, and they've responding saying you need to pay?

You could again respond to them by saying that the account should be closed you are up to date with your payments, you VT'd on X date which is when the agreement terminated, and any payments after that cannot be charged for. You may also want to explain that unless they confirm that the account is closed, you will make a formal complaint and then take it to the Financial Ombudsman. You consider the repeated requests for money as harassment as they should have on file that the agreement is terminated.

[alfie13]

Re: volunarty termination

hi rob sorry for late reply I have sent startline a email last week , they have sent me letter yesterday worded complaint acknowledge letter , they have passed it on to resolution team . what they are saying is that I should keep up my payments till it is sorted out otherwise it will affect my credit report cheers

[alfie13]

Re: volunarty termination

hi I have been looking at my credit report and it looks like they have not removed it and I have missed payment that's affected my credit score thanks

[R0b]

Re: volunarty termination

Hi alfie,

Have they applied a default for the monthly instalments that you allegedly owe? If so, then you have two options really, you can follow through with the complaint and then go to the ombudsman and ask for them to remove the defaults as they have no right to do so since the agreement has already been terminated - VT is not dependent on them accepting the VT so they are in breach of data protection by applying the defaults post-termination. The other option is to take them to court and have the court make an order that they remove the defaults and pay compensation. If you claim £300 then its only going to cost you £50 for the claim altogether but if you want more then you will have to pay more.

Bear in mind they have up to 8 weeks to provide a final complaint before you can go to the Ombudsman, so it is up to you really.

[Football87]

Re: volunarty termination

Hi Rob not sure if I need to make a new thread but just looking for some advice. I recently sent my voluntary termination letter to gmac. They have sent me a letter back saying I need to sign a form so they can arrange for the car to be inspected. Should I sign this letter? It also says that I have paid over 50% but I still owe £277 for additional products do I have to pay this. When should I cancel the direct debit?
Thankyou for any help.

[alfie13]

Re: volunarty termination

hi rob I have signed up to another credit report site and it says am not in default with car loan , should I just wait 8 weeks then make complaint . my credit score has gone down , will they take the car loan of my credit report thanks

[R0b]

Re: volunarty termination

Hi Alfie, it is entirely up to you, there's no guarantee with the Ombudsman that they will ask them to remove it and may find in their favour, though I'd find it surprising if they would considering the defaults relate to the instalments despite the agreement already terminating. If the Ombudsman doesn't side with you then your net step to have it removed would be to go through the courts. Or you can simply go directly through the courts instead, or you cna leave the default on your credit file, entirely up to you.

[alfie13]

Re: volunarty termination

thanks rob how would I go through the courts thanks

[R0b]

Re: volunarty termination

Well, you need to send them a letter before action to get the ball rolling. I've copied a template below from another thread who was also with Santander and they eventually dropped the £70 charge you can read it here http://www.legalbeagles.info/forums/showthread.php?78476-Voluntary-Termination-Replacement-wing-mirror-query&highlight=breach+of+data+protection

I've tweaked the below slightly and updated it

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


LETTER BEFORE ACTION: BREACH OF PRINCIPLE 4 OF THE DATA PROTECTION ACT UNDER A HIRE-PURCHASE AGREEMENT NUMBER [NUMBER] (the “Agreement”)

It has come to my attention that Santander has applied a default on my credit report under the Agreement mentioned above, despite the fact that the Agreement had been terminated on [DATE]. As I understand, the default appears to relate to a charge of £70 for a collection fee that was levied by Santander. As a result of the default, my credit rating has significantly decreased resulting in problems obtaining credit.

I must point out that Santander has no legal authority to place a default marker on my credit file for the cost of the collection fees of £70. This is because:

1. The collection fee did not form any part of the credit or the monthly instalments which was borrowed under the Agreement; and

2. Under the terms and conditions, the clause headed "Termination: Your Rights" states that provided I have paid 50% of the total amount payable and any outstanding instalments whilst taking reasonable car of the vehicle, then I will not owe anymore.

2. The Consumer Credit Act 1974 explicitly states that contractual terms which impose additional liability where a debtor has terminated the agreement under section 99 of the Act shall be void and unenforceable.

Therefore, Santander is reporting data that is inaccurate and not up to date, in breach of Principle 4 of the Data Protection Act 1998. You will be aware that a breach such as this is actionable in which damages can be sought due to the negative effect of a person’s credit rating, as highlighted in the recent Supreme Court case of Durkin v DSG Retail Ltd.

In the circumstances and in the interest of avoiding further costs by both parties, I am prepared to take no further action provided that Santander within the next 7/14 days removes the default from my credit report.

If I do hear back from you by [4pm on DATE], I shall have no choice but to issue proceedings against Santander for an order to remove the default. Please note that once proceedings have been issued, it is my intention to seek damages and any costs incidental to the application.

I look forward to hearing from you in due course.

Yours faithfully,

[NAME]

[alfie13]

Re: volunarty termination

thanks rob will email them tomorrow with this template should I send a copy by letter as well cheers

[alfie13]

Re: volunarty termination

hi rob I have given startline motor finance 2 weeks , I had letter from complaints department saying I should wait till they have done there investigations into the complaint and keep paying my monthly payments till its been sorted . I sent them email saying I will give them till today to close the account or I will be taking them to court and I have no response from them , should I take them to court cheers

[R0b]

Re: volunarty termination

It is up to you alfie, what charges are showing on your credit file? is it the additional products or the monthly instalments or both?

You can't keep making the monthly payments as the agreement has been terminated and you are not obliged to, and I guess that shows their lack of understanding of basic contract law.

Going to court is not for everyone but if they are flagrantly reporting on your credit file inaccurate information, then the fastest way to shift things would be to issue proceedings through MCOL. Previous case law has suggested you could get around £300-£750 in compensation as an estimate but depending on the circumstances you could get more, though you'd have to pay the relevant fees depending on how much you want to claim.

Do you mind posting up the letter if possible and your personal info removed?