Finance contract advice

[NigelShaw]

Hi

 

i have a question regarding contracts & financial agreements.

 

I had a car on finance and a very long story short, reached by 50% on a CPA (Contract purchase arrangement).

 

This meant that i was elidgable to return the vehicle without any penalties and this is written on my paperwork.

 

at the 50% point, i called and requested a settlement balance along with the paperwork for a VT (Voluntary Termination).

We discussed this on the phone and so forth.

The paperwork never arrived so i called again 2 weeks later and asked for them again.

At the same time, i advised them of my new address.

Paperwork still never arrived so i called for a 3rd time and requested the VT documents.

 

I then received a bill for the balance of the car telling me that i was in default and my arrangement had been cancelled!!

Long discussions on the phone finally lead the finance Company to a solicitor.

 

I asked them about 12-15 times for VT forms and finally received them some 8 months later, filled them in and sent them back..

 

I went to court, it was adjourned for lack of evidence,

i went to court again,

the Solicitors didnt turn up claiming that they couldnt get hold of me even though, i had 3 phone calls with them in the week prior to the case.

 

I have now received another letter telling my that i havent sent back a VT form and this is why im being taken to court and my statements do not hold any merit

but, in previous letters from them which have also been provided to the court, they refer to the VT sent by me.........

 

I now keep even more regular contact like every 2 days by email asking them repeatedly of an update.

I have requested notes from their logging system which i believe is my right under the Data Protection act but to date, i have not received anything from them and i have asked them 5 times now in writing.

 

 

My question is-

 

if i requested the documents 3 times at least with consequent requests to the solicitor and advised them more than once about my new address

(which is clearly visible in the copies of the account records i demanded) and they failed to provide me with them,

am i ultimately liable even though i had done everything i could in the correct manner?

 

if im not liable, is there any documentation regarding this type of scenario that i can refer to like a point of law or similar?

i feel like i am back to square one!

 

many thanks in advance

Nigel

 

PS.

i have also posted this message here-

thelawforum[dot]co[dot]uk/laws-regarding-contracts-finance

[NigelShaw]

Hi,

 

have i posted this in the wrong section?

 

any help greatly appreciated

 

 

many thanks

 

 

Nigel

[NigelShaw]

Well, reading through various other forums about BMW finance,

it appears that their 'trick' is to terminate your agreement on the day that you request a VT which is what they have done with me.

 

They then also sent you out a VT letter to be signed by a solicitor which is infact,

a VS letter (Voluntary Surrender) which is different to a VT in terms of-

A VT - Voluntary Termination is your right to terminate a contract forthwith

A VS - Voluntary Surrender is you surrendering the vehicle and accepting the balance of loan owing!

 

sneaky or what!

 

Trouble is, i signed a (what i thought was a VT)

 

where do i go from here?

 

 

a now confused,

 

Nigel

[MARTIN3030]

Sounds like an unfair./ deceptive business practice.

Did you make the request under DPA as per criteria-ie sent them £10 and was specific in the request ?

If so they have 40 days max to comply or else inform you why they are unable to provide what you ask for,

It would seem that account/activity screenshots and any transcripts of calls etc could provide what you need.

Your own phone record could equally support any calls that you made to them.

 

In the absence of conclusive evidence,it may come down to being decided on balance of probabilities.

 

Your thread here is ok in this forum,there are others who are familiar with these scenarios who I am sure will be along to offer some thoughts.

[MARTIN3030]

Can you just confirm who initiated the Court proceedings and if this is a small claims action ?

Also was the case dismissed /stayed or what ?

How far did the proceedings go ?

[NigelShaw]

Can you just confirm who initiated the Court proceedings and if this is a small claims action ?

Also was the case dismissed /stayed or what ?

How far did the proceedings go ?

 

Hi,

 

the other party initiated proceedings. When i originally heard from the Solicitor (before proceedings had started), i had asked how i could return the vehicle as per the VT method. I was told that it was difficult! I requested copies of all information stored within the other parties records as per DPA and paid the £10 fee. i asked for this in writing. after numerous phone calls with lots of people and lots of requests to return the car did i receive a letter stating i hadnt spoken to anyone and i was incorrect in all of information. I was given an ultimatum to sign a letter to allow collection or go to court. i called them on receipt of the letter as it stated ' Voluntary Surrender ' and i was told that they were exactly the same? I signed the form but placed a note stating that i hadnt been advised of any liabilities and i hadnt been advised of what would happen. The car was never collected and it went to court.

 

the case (at county court) was adjourned 'In light of my defence' and a new date was set. the second case was adjourned 'because they desperately couldnt get hold of me' even though, the reason for the desperation was to ask me if i would agree for them to adjourn? I dont understand that.

 

A third date is now set and i have started to get threatening letters again telling me to sign a VS which im reluctant to do as i know the implications between a VS & VT.

 

i have kept a full chronology of calls made by me and actions i have taken throughout the whole period.

 

Im not sure of my next move. My thought was, if they adjourned the last case because they couldn't get hold of me but their evidence was so concrete, wouldn't it have been better for them to attend the case in the hope i didnt attend to which, the case would have fallen in their favour? I think i have a strong case.......

 

It turns out though (in a letter i received 2 days ago) that they refer to data in their records regarding a telephone call in December 2010. I requested and paid for all records to b submitted to me using DPA. I dont know my stance on this.

 

 

many thanks for your interest and any advise is greatly received

 

 

 

Nigel