VT with MotoNovo

[danch2000]

Hi CG'ers,

Tried to VT my car as when I tried to trade in I was in negative equity even though over 50% through the agreement,

 

they asked me to confirm this in writing which I did by email

stating that I would not be libel for any further charges

& that I was terminating as per Section 99 of the CCA.

 

I then received a letter stating what documents would be needed & that Manheim would be in touch,

also noted was a sneeky line saying about excess mileage.

 

manheim turned up, found no damage on inspection, MOT all sorted,

he spent a good 25 minutes inspecting the car,

then came the knock at the door,

 

he said the car was over the mileage limit & as it was 15p per mile over there would be further charges of £2500 (bought car with 72,500 miles on it & it currently has 106,500)

 

Upon him telling me this I contacted Motonovo

(I had had to take the day off work to facilitate the appointment as was an all day appointment & subsequently lost a days pay)

 

their 'legal' department stipulated that the excess mileage forms part of the agreement,

I argued it did not & could not be enforced as the CCA does not stipulate anything apart from 'General Good Condition',

to put it mildly he was a jobsworth.

 

not being able to afford 2.5k I had to decline Manheim taking the car,

I have now been charged for this appointment £165 & I still have the car.

 

I did write to them stating that under the CCA they were levying unfair charges on my account to which I received this reply :

 

Hi Mr Charlton, Thank you for your email your comments have been noted.

Firstly I would like to advise you that you contacted our office on the 12th September 2012 requesting information on how a Voluntary Termination works this was provided to you in detail.

 

You advised my colleague that you had looked into all other options and had decided to go down this route, therefore I dispute that MotoNovo Finance bullied you in anyway.

 

On the 12th September 2012, we received a signed letter from you confirming you wish to go ahead with the Voluntary termination. You were fully aware of excess mileage charges at this point as you stated in your letter you would not pay for this.

 

We have explained that these charges are valid should you continue down this route.

 

May I bring your attention to the paragraph headed - YOUR OBLIGATIONS and YOUR RIGHT TO END THE AGREEMENT section 4.4 and 5.15 .

 

This clearly explains the 15p per mile charge would be applied if you have gone over the limit of 12000/year mileage allowance.

The charge of £162.00 for the abort Voluntary Termination will not be removed from this account.

 

However the charge in total of £61.54 will be removed as these were applied due to the abort fee and arrears interest being applied to your account.

 

I am happy to split the abort fee over 2 months for you,

this would make your payment due on 28th November and December 2012 would be £xxx.xx.

 

Should you wish for this to be done please call the office on xxxxx xxx xxx.

 

Please note this will show on your credit file that you are in a payment arrangement.

To prevent this you would need to pay the £162.00 prior to the end of November 2012.

 

We will not alter your credit file as this shows a true reflection of how your account has been run.

 

Kind regards xxxx[/quote ]

Is there anything I can do apart from try & sell the car??

 

 

RegardsDan

[Gaston Grimsdyke]

You have VTed so the agreement is at an end.

 

However, you do not have to pay any excess mileage charges.

Tell the lender that your liability is defined by the Consumer Credit Act, not by their terms and conditions.

 

The Act says when you VT, you pay anything owing at the date of the termination (i.e. arrears) plus any such further sum as is required to bring the total amount paid up to one half of the total purchase price.

 

So if there are no arrears and you have already paid one half, then you have nothing further to pay.

 

The problem for Motonovo is that the excess mileage is not payable at the date of the VT

- it can't be, because they don't know until they get the vehicle back what the mileage is.

 

So, as there are no excess mileage charges AT THE DATE YOU VT,

then the Act says you do not owe it.

 

 

Point this out to them and tell them to come and get the vehicle and that your liability is at an end.

[Let Them Knock]

You have VTed so the agreement is at an end. However, you do not have to pay any excess mileage charges. Tell the lender that your liability is defined by the Consumer Credit Act, not by their terms and conditions. The Act says when you VT, you pay anything owing at the date of the termination (i.e. arrears) plus any such further sum as is required to bring the total amount paid up to one half of the total purchase price. So if there are no arrears and you have already paid one half, then you have nothing further to pay. The problem for Motonovo is that the excess mileage is not payable at the date of the VT - it can't be, because they don't know until they get the vehicle back what the mileage is. So, as there are no excess mileage charges AT THE DATE YOU VT, then the Act says you do not owe it. Point this out to them and tell them to come and get the vehicle and that your liability is at an end.

 

This ^^ is good advice and much as I would have said.

 

Also tell them that any auction/inspection charges are also their responsibility as they happened after the VT. You may also want to remind them of their responsibilities under CPUT Regulations (2008) and the laws on harassment in relation to for the charges they are claiming.

[orfoster]

Interested to know what happened with this?

[POR]

Any thoughts

 

I called Motonovo last Saturday to advise them that i wanted to VT on my current agreement,

the very nice lady on the phone advised me that i had paid more than half of my agreement and that they would accept the VT.

 

 

She then advised me on the documents that would be required and the charges for missing items and the usual excess mileage charges.

 

She then went on to tell me that i did not need to made any further payments on the agreement and that i should cancel my direct debit which i did the same day. This was the 21st ( sat ) which i have just found out was the payment date, this due to falling on a Saturday was then due on the 23rd.

 

I have just received a letter with a £12 charge telling me that i am in arrears on my account and that i am required to settle this as part of the VT,

 

 

i have just had what should be politely be described as a discussion with MotoNovo who are now telling me that the lady that i spoke to had no authority to advise me of the cancellation of the DD and that the arrears still stand even though that the account is over the 50% point by some way.

 

Anybody else had the same issue,

with all due respect i have paid the money for the car month in and month out and due to having paid more than half already and the car that they will get back is as tidy as the day i picked it up !

[djprance]

Did you have to pay excess mileage charges, i was never told of this and the garage who sold me the car told me they have no idea on excess mileage in a HP agreement.

Motonovo have said if i VT the car I will be liable for excess miles yet it isn't in the agreement and they claim it is in their terms and conditions.

Surely if there is a mileage clause its a PCP not HP.

 

Could i VT the car and refuse to pay any more to them.

[critchley1987]

I have just VT my car with motonovo finance. When Mannheim came to inspect the vehicle they said my compressor was missing. I explained it never came with one when I bought it.. Also there is a service stamp missing for 2012. The car is 6 years old and motonovo are trying to charge me £90 for a compressor and £300 incomplete service charge.

 

I have paid more than 50% of the agreement, so do I have to pay for these charges?