Marsh Finance - Refused VT Request

[Mr.E]

Hello all, I'm new to the forum and would greatly appreciate some advice on my current situation.

 

 

Long story short

I have attempted to VT my HP agreement with Marsh

they have refused on the basis they have already terminated the agreement.

 

 

Here is a timeline of what has happened so far

 

February 2014 - Agreement started through Carcraft/All in One Finance

November 2014 - Payment missed

1st December 2014 - Notice of Arrears received

December 2014 - Marsh agreed to a repayment plan to bring the account up to date

5th January 2015 - Default Notice received

24th January 2015 - Notice of Termination received

20th May 2015 - Default Notice received

 

Now Marsh claim that they actually terminated the agreement on 24th November 2014 and have provided a copy of this letter

however it was sent to the wrong address so I didn't receive it or any default notices which may have been sent prior.

 

 

The incorrect address was on the original agreement (I didn't notice at the time I signed it)

and I only correct this with Marsh at the beginning of December when I called to make my payment arrangement.

 

There are potentially quite a few issues here

however I am not at all clued up on these matters

so would appreciate if anybody could tell me if I have a case to argue that I should still have the right to VT?

[citizenB]

Why would they send out a Notice of termination in January 2015 if they say they had sent one in November 2014 ?

 

If they didnt send the notice in November, then they had the correct address as of December.

 

It might be worth sending them a Subject Access request - see what their paperwork says they have been doing.

[citizenB]

I am also puzzled why they would send a 2nd TN when you had agreed a payment plan in December.

[Mr.E]

They say they sent a default notice in November when I missed the payment and then terminated the account when that expired.

I didn't receive either of these notices as they were sent to the wrong address which was on my agreement.

 

I called them in December to make an arrangement to pay unaware that account had been terminated by them.

They made no mention of this during the phone call

and accepted my offer to pay extra each month to bring the account up to date.

 

In January they again sent another default notice.

This one I did receive as I had corrected my address when I called them in December.

 

I called them when I received it as I was confused since I had a payment plan with them.

They assured me these letters were automatically generated because although I had an arrangement to pay,

the system still thought I was in default.

 

 

They said as long as I kept up to agreed payments everything would be fine.

They then sent another notice of termination.

Again I queried this and was told there was nothing to worry about as long as I kept my promise.

 

I then heard nothing further until May when they sent another default notice.

Nothing further was sent after this and I had no communication with Marsh

until recently when I was requesting to terminate.

 

Hope this makes it clearer?

[dx100uk]

sadly this is typical tactics for march finance

they hate VT and will do anything to avoid it.

 

 

quite a few threads here on them.

 

 

dx

[theoldrouge]

It seems that They terminated the agreement

but then allowed an arrangement to pay

 

Of course an agreement cannot be terminated twice

so you lost your right to vt

 

Worth sending a SAR , to see if any grounds

for formal complaint

 

As dx says they will avoid vt if at all possible