Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
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    Leo1 Novitiate

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    Default Voluntary Termination

    When terminating HP agreements, do you include the interesticon charge in the total amount payable?

    ie, I want to end my car HP agreement and I am calculating the total amount I have paid so far (to check if I have paid 50%) but I am unsure if it is 50% of the actual amount borrowed (£4750) or 50% of the amount including interest (£5860).

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  2. #2
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    Default Re: Voluntary Termination

    It is 50% of the TOTAL amount payable under the agreement and also includes any deposit. You can find the exact figure in the termination clause on your h.p. contract. Add up what you have paid plus any deposit. If you are a little bit short of the amount required put a cheque in with your termination letter. One thing to watch out for - add-on products such as GAP or CPI are usually done on a separate CREDIT agreement i.e. not HP and will still have to be paid for.


  3. #3
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    Default Re: Voluntary Termination

    Does anyone know the ins and outs of returning a vehicle using this clause. What section of the CCA covers it?

    The finance company i'm planning to VT with has imposed the following conditions, do any of them lawfully apply?

    1. I must make an appointment to return the vehicle to the finance company (can I not return to the supplying dealer?)
    2. Appointments are only availible on tuesdays (are they within thier rights to specify this?)
    3. Appointments will take no less than 2 hours
    4. The vehicle must be taxed and MOT'd (was not taxed when I bought it)

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  4. #4
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    petedoyle Novitiate

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    Default Re: Voluntary Termination

    hi mate, not sure the answers to all your questions, but i recently VT'd my car after been 50% of the way through. your best bet is to call up the HP comonay you got the finace with and ask them how far your off being 50% of the way there?

    i got my car from VW finance, and they sent me a letter form their 'agent' who came to my house to collect my car. they arranged a date and time that suited me and i did a quick 'handover'. it took less than 5 mins. signed the forms and away they went. i made sure i took my tax disc out though, and i informed them i was doign this, as there was 6 months left.(got my refund from DVLA too!) the agent who was collecting the car was ok with this and he had trade plates with him so was covered. i guess it differs from company to company. but my experience in this was fairly pain free and easy to deal with.

    HSBC BANK
    ** DECEMBER 2006 - RECEIVED CHEQUE FOR FULL AMOUNT!!!! ** £5967.00
    LLOYDS TSB
    **JANUARY 2007- RECEIVED CHEQUE FOR FULL AMOUNT!!!! ** £1340
    HSBC BANK - Managed Loan/Interest
    still chasing, have submiited claim thru MCOl - date sent to my local court - claim is going ahead Jan 29th 2008
    CURRENTLY CHASING
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    others won:
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  5. #5
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    Default Re: Voluntary Termination

    Hi Guys, i am just about to write to my finanxce company to ask for a vt, after hearing all these weird stories, i am not looking forward to the response.


  6. #6
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    Default Re: Voluntary Termination

    Hi there,

    I am about to try and terminate my HP contract for my car with DaimlerChrysler under the 50% rule, but am a bit nervous about what invoking the VT/Section 99 of the Consumer Credit Act will do to my credit rating.

    I've read some posts where people say ending a finance agreement this way affected their rating and even got them turned down for mortgages 7 years later..!

    Help?

    Thanks in advance, Tracy


  7. #7
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    Default Re: Voluntary Termination

    Quote Originally Posted by MondeoST24 View Post
    Does anyone know the ins and outs of returning a vehicle using this clause. What section of the CCA covers it?

    The finance company i'm planning to VT with has imposed the following conditions, do any of them lawfully apply?

    1. I must make an appointment to return the vehicle to the finance company (can I not return to the supplying dealer?)
    2. Appointments are only availible on tuesdays (are they within thier rights to specify this?)
    3. Appointments will take no less than 2 hours
    4. The vehicle must be taxed and MOT'd (was not taxed when I bought it)
    As the 'Tax' was not part of the HP deal then when you deliver the car remove the disc from the window.
    Make sure the log book is signed properly and that you keep your bit to send to the DVLA, and send it to them by recorded delivery.

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  8. #8
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    Default Re: Voluntary Termination

    I got a car from welcome finance, on HP...i'm 1.5 years into the conract and now have a company car which is cheaper, i dont want the welcome finance car anymore...what do ido?


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    Default Re: Voluntary Termination

    hi should i phone them or write to vt my car have paid over 50% thanks buffy

    its with welcome finance

    Buffy x

    Buffy v Halifax WON all charges refunded

  10. #10
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    Default Re: Voluntary Termination

    Hope someone can advise mea little on voluntary termination. I bought a car via Black Horse Finance 3.5 years ago. Agreement due to complete in December (ish) this means I have obviously paid over 50%.
    I have several questions on this issue that I hope somebody has the answers to.

    Firstly a couple of years ago I lost my job. Black Horse agreed to two reduced payments and sticking the remainder onto the end of the term. After that I reverted to normal payments and apart from the extra added onto the end of the term am completely up to date. Would this affect my ability to VT?

    I believe that VT means that the company effectively get 50% of the debt paid plus return of the car. As I have paid around 75% of the debt would I get anything back?

    Does doing this affect my credit rating?

    Hope someone can answer my queries

    Thanks in advance


  11. #11
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    Default Re: Voluntary Termination

    sorry submitted twice by mistake


  12. #12
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    Default Re: Voluntary Termination

    I plan to hand my Motor back in a few months time with Black horse and I wanted to know the same as you...

    Does handing it back affect your credit rating.
    I am sure they advise it does not but I am sure a car dealer advised that it does affect your credit rating...

    Does anyone know if the car has been paid over 50% and the vehicle handed back in good condition, does the debt just say settled on your credit rating?


  13. #13
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    Default Re: Voluntary Termination

    can anyone help out of this loophole. I VT a contract in 2004, when i sent the letter of confirmation to the finance company they said that all was fine and in time they would send someone out to inspect the car and that i was no longer to make any payments on my agreement as i had reached over the 1/2 way point. So i did that. then they took 2 months to send someone out to inspect the vehicle, which they did had to get a service and a few other little things done. got them done i was then asked to drive the vehicle to an auctions in mancester. done that, a few days later got a phone callicon saying we owed them £15 to get radio decoded. paid that. asked if that was all that was owed. yes was the reply. that was is 2004. in july 2008 recieved a phone callicon from Marlin Finance sayin i owed them 3368 for the car. when i queried who they were and what was it for they said for a astra that i had in 2004. i told them that i had vt that contract and owed them nothing, they stated that Jurie finance had gone bankrupt and they had bought the debt. i had to send a letter explaining to marlin finance explaining everything, they then infromed me that because i (although advised by one of jurie finance reps had advised me tp cancel my dd )missed the payments on my agreement he then told me that because of the the missed payments they shouldnt have let me vt my contract. is should of went into repossesion. (how can they reposs something from me when they have got it as they had agreed the vt.

    i have requested information from them on numerous occasions and the last time the reply was, im sick of this (from one of their reps)

    any advice would be great as i dont know whether its worth fighting in the courts or shall i just pay it.


  14. #14
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    Default Re: Voluntary Termination

    Quote Originally Posted by debspet View Post
    any advice would be great as i dont know whether its worth fighting in the courts or shall i just pay it.
    Fight it. Its nonsense.

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  15. #15
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    Default Re: Voluntary Termination

    Quote Originally Posted by MondeoST24 View Post
    Fight it. Its nonsense.
    i got in touch with FSA on mon 26th Jan and they have advised me that they will inform marlin financial services that i have made a complaint about them. Then today i recived a letter from marlin saying that unless a payment or offer of a payment is made they will make me go to court to declare myself as bankrupt. i mentioned to them that i have made a complaint about them to FSA, i was then told that he will be informing adminicon that they may need to get correspondance ready for FSA (correspondance that they didnt claim to have when i requested it) he then told me that i coudl have a copy of the contract that they claim they didnt have and a copy of all payments made. which they also claim they didnt have. Am i right to ask for all correspondance relating to the contract?

    can they make me declare myself as bankrupt for £3361 and can they send bayliffs out?. How can they justify the fact that they are saying i missed 2 payments and that they shouldnt have let the vehicle be V. T it should have been repossed, they wouldnt repo a car after two missed payments, there was also a converstion earlier in the disagreement where a memebr of staff said that i am not the only person that this has happened to and another advisor told me that they shouldnt have let the VT stand. but they did and as far as im concerened if they informed me that they were going to repo the vehicle i wouldnt have vt it an got a ccj or any other status against my name. HELP IM GOING IN SANE>


  16. #16
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    Default Re: Voluntary Termination

    Section 94 of the consumer credit act deals with early settlement and gives debtors the right to discharge their indebtedness at any time. The amount that the debtor must pay is is the amount payable under the agreement minus any rebate allowable under Section 95. This rebate is based on an acturial formula and is highly complex.

    In HP agreements one can return the goods after 50% of the total amount payable under the contract has been paid, but watch out for any default charges and as said above, any PPIicon etc that is actually paid up front to the insurer by the finance company.


  17. #17
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    Default Re: Voluntary Termination

    i have paid well over 50 per cent of hp wanted to v/t but have been told as i missed two payments i defaulted with the company, and im not allowed to v/t

    this carnt be right can it??


  18. #18
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    Default Re: Voluntary Termination

    You can legally VT an HP agreement at any time before the final payment is made. You dont have to have paid 50% to do so. You will still have to pay the difference up to the 50% but once the VT has been done you can just treat this as any other credit debt.


  19. #19
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    Default Re: Voluntary Termination

    Quote Originally Posted by keelclose View Post
    i have paid well over 50 per cent of hp wanted to v/t but have been told as i missed two payments i defaulted with the company, and im not allowed to v/t

    this carnt be right can it??

    any help with this folks

    thanks


  20. #20
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    Default Re: Voluntary Termination

    is there a standard letter format to apply for a VT.
    and are you entitled to a reduction of the interesticon as in early settlement.



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