Voluntary Termination Question

[summerbreeze]

Just couple of questions please

 

My OH is VT ing a car.We have never done this before and the finance co. concerned did try to talk us out of it

We have paid exactly half of the amount borrowed and have arranged for it to be collected.

It is MOT'd and taxed and in our view in reasonable if not good condition for its age.

 

In the paperwork sent to us to arrange the collection it has suddenly been mentioned that the vehicle MUST have FULL service history and if any of the service history is missing a flat charge of £350 will be levied !

 

I have a copy of the agreement and cant see anywhere where this is mentioned.

 

The vehicle did not have its service history when we purchased it and although it has been serviced a few times we dont have all the copies of the invoices etc.

 

I am assuming this is another way to try to extract more money from us after VT ?

I am getting an independent inspection of the vehicle before it goes so that I can counter any claim that it was not in reasonable condition for its age.

 

Should I do anything else ?

[wannabedebtfreesoon]

Hello, did you have any insurance products included in the agreement??

I think an independent inspection is a really good idea. I've never heard of a car having to have full service history for a vt! If it's not in your agreement then you can't be bound by it, they sound like a bunch of robbing crooks to me

[summerbreeze]

Hi WannaB

I am paying for the independent inspection because I just know they will try it on.

There are no insurances like PPI or Gap on this agreement.

When they sent me the info about VT there was nothing about service history.

I completed all the forms and sent the required documents ...V5 and MOT and paid the last remaining amount outstanding.

Now they have sent the letter telling me who will be collecting the car and what I have to give them ..spare keys etc. and suddenly this service history comes up !!!

 

Do you think I should write to them now or wait until they have collected the vehicle and start on about the service history?

 

When the collection agents come they are going to check over the car whilst I am there so that I can AGREE ! any faults.

I really think they will be completely nit picking ..especially as I am sure they will lose money on the resale of the vehicle.

[wannabedebtfreesoon]

That's good that there are no insurances, that means the half amount really is the half amount! If you check on your agreement the section about VT it should say something like "as long as the car is in reasonable condition", I doubt very much if it says "should have Full Service history"!!

 

Have you got something in writing from them that says they are accepting your VT?? Sorry to be cynical but I've been dealing with Welcome finance for too long! Just make sure you cover yourself

[summerbreeze]

When I approached them about VT they sent me a letter to say exactly how much was to be paid and what documents they wanted and I have paid it and sent the docs to them by special delivery.

 

I have tried to cover all bases and its just this service history that has thrown me ....

 

Yes it does say reasonable condition ... but no mention of service history

[postggj]

this is rollocks ref a vt

 

who is the finance co

[summerbreeze]

Hiya Post

It is Alfera with a ph

[postggj]

has there been any mention in the t&c on this service angle

 

this is a complete con by the finance company

 

you need to send them a letter asking for this and the date of the original vt request still stands

[summerbreeze]

I cant find anything in the T and C

Will go over it again with a fine toothcomb.

It was not mentioned at all in the letter that told me what I had to pay and what docs to send them

[summerbreeze]

They are collecting it on Friday

[wannabedebtfreesoon]

I'd say just let them take it and they can whistle for their £350!! No court in the land is gonna enforce that pile of nonsense

[postggj]

totally agree

[andie_303]

Hi Summer breeze,

 

I am about to VT my car - just because I have bought another one and the one I have no has such negative equity it's not worth part ex'ing it.

 

Have you been told anything about it affecting your credit rating?

 

I ask as I am getting conflicting info - my car dealer says nothing should happen to it

 

But then the finance company says it can have a negative effect?

 

As they are trying desperately to talk me out of VT'ing I wonder if its just a ploy?

[summerbreeze]

Hi Andie

The finance Co. told me that it would be noted on our credit rating that there had been a VT but this was not a negative marker.

In our case it makes no difference anyway as our rating is shot beyond redemption at present

Funny .. we have lived without credit for almost 18 months and we are still here

[summerbreeze]

Oh dear... I have found a clause in the small print in the t and c s

 

'You must ensure the vehicle has a full service and repair history and supply this to us on request '

 

Guess I have a problem then ?

 

Only possibility that might help is that the proposal number on the T and C supplied is different to the proposal number on the agreement.

 

There is nothing on the page that has the signature that mentions servicing

[wannabedebtfreesoon]

Well if it didn't have a full service history when you bought it then how can it get one now???

What's the worst that can happen that you're worried about??

[summerbreeze]

Hmm I suppose the worst is ..they ask me for £ 350

 

I dont plan to pay it though.

[wannabedebtfreesoon]

No biggy then

[summerbreeze]

Car collected this morning and the guy who took it said it was in 'terrific' condition for a 10 year old vehicle and that he had seen plenty of 3 year old cars in much worse state.

 

I got his name and badge number and phone number .

 

He noted some scratches to the alloy wheels and a crack in the rear light and that was all.

I told him there was no service history when we bought it and he didnt care.

He said it was going straight to the auctions .....

 

We will see what happens next then ..

[summerbreeze]

As expected I have today received a demand for £350 for not providing a full service history

[summerbreeze]

Just updating

 

I wrote and told them I did not agree with the charge and pointed out that it says in my agreement that following VT after 50% of the whole amount has been paid as long as the vehicle is in ' Average condition for its age there will be no further amount due '.

 

Their reply stated that in the agreement it states that I should keep the vehicle serviced and that they included a digital print out showing the service light was on therefore a service was overdue [ the print was not included with the letter]

 

I wrote back again saying no image included and in any case there is no clause in the agreement saying a penalty charge of £ 350 would be due following VT if a service was due and that the vehicle was in excellent condition and therefore had been well looked after [ I noted that they were not asking for any payment due to excess wear and tear]. I asked them not to contact me again.

 

A further letter has arrived pointing me to the parts of the agreement that say I have to keep the vehicle serviced and they enclose a further copy of the digital image [ again not enclosed !! ] . This letter then goes on about my complaint about notices of default sums !! which I have never mentioned at all so I think the writer forgot to knock that part out of the template letter they were using !

 

They now consider my complaint closed so pay up now !

 

I plan to reply stating that I also consider the matter closed and if they continue to write after I have now twice asked them to dessist I will be making an admin charge of £40 per letter to read and consider any further letter they may send .

 

I have also already threatened to report them to FOS and TS so I think I will point out that FOS will charge them £ 400 [ or is it £500 now ? ] to investigate.

 

Does anyone have anything further that I could add ? or any comments ?

[nicolee2931]

Its just seems they are trying to extort money from you to mitigate their losses. You are certainly being disadvantaged by their claim that it was in the terms and conditions of the agreement.

 

Did you get the inspection report in the end? and if so what did that say about any overdue servicing that they claim and yet to provide proof of.

 

I would certainly write to the fos about the matter but before doing so write back to the finance company stating you refute their claim to £350 of your hard earned cash, if they don't agree ask for a deadlock letter and then present your case to the fos.

[cyril1982]

just write to them stating very strongly that they have no legal basis for their claim of a debt due as the service history was incomplete when you purchased the vehicle and when they agreed to finance and so it is impossible for you to produce a full service history without falsifying the service documents which is fraud.

 

point out that if they persue you via a debt collector you will simply ask that they take you to court because you know they have no legal basis for their claim.

 

they can not include penalties for not maintaining service history retospectively. You are being charged a penalty because the last owner never maintained the service history, no court will uphold that.

 

I doubt very much a court would view you not servicing a vehicle which already did not have a full service history to have devalued the vehicle by £350 either.

 

while it can be argued (though many including myself disagree) that a full service history can slightly increase a vehicles value i doubt a court would rule not servicing a car with only partial service history would devalue that vehicle.

 

if they default you you will have options if you wish to pusue them and have it removed.

[summerbreeze]

Thanks Cyril and Nicolee I have written a strong letter and advised them not to attempt to enforce this in any way and not to even consider registering any defaults as that will result in a claim against them.

I hope that will be the end of it but not holding my breath

[summerbreeze]

Just a little Update on this thread in case anyone is interested.

I wrote to ' them ' on 3rd August and stated again that I did not owe anything and that there was no basis in law for their demand for £ 350.

I warned them not to pass on the ' alleged ' debt or to register any defaults and threatened again to make a complaint to the FOS.

I told them not to contact me again as further contact would be regarded as harrassment.

As of today I have had no further contact so hopefully Job done !