Voluntary Termination with Startline

[TheDude1]

Hi guys, need some help with this,

I am helping my sister with a Hire Purchase Agreement / Car finance she is struggling to pay it.

 

She has paid over the 50% rule for Voluntary Termination,  so I sent the Voluntary termination template

 

they have replied saying:

 

The agreement was terminated 20 months ago [edit DX - DFN 8th March 2017 termination 30th March 2017.] via Termination Notice therefore you have lost the right to Voluntary terminate the agreement.

 

I know she has had a few late payments and has some arrears, but can they terminate agreement even though she been paying it?

I would think if they terminated the agreement 20 months ago they would of repossessed the vehicle shortly after? 

 

Or are trying it on?

Thank you for any help

[AndyOrch]

Heard everything now..thats a new one. So is she entitled to a refund of all payments made since said termination  ?

 

Send a SAR and get all the data this will reveal if a termination was placed and if a default noticed was served.

 

She's not moved address recently has she since entering into the agreement ?

 

Andy

[dx100uk]

who??

don't tell me moneybarn?

[TheDude1]

Thanks, I will SAR them. No she has never moved address. 

 

Its startline, they are trying to make her surrender it, and charge recovery costs £200.

 

I expected they would try something like this on. Cheers, will await the data.

[TheDude1]

Hi guys, just an update...

 

I sent the SAR, but have not received nothing although they are still within the 40 day timeframe (about half way).

 

But now they are calling/emailing threatening to Terminate the agreement! (I thought they already terminated it!)

 

And they are threatening a default being placed on CF.

This seems to be coming from another office miles away and not the closest branch I sent the SAR to.

 

Do I remind them that I am waiting on the requested documentation (via SAR).

The SAR was sent to the closest office not the registered office, perhaps I should have sent it to the registered office?

 

Thanks

 

 

 

[dx100uk]

yes p'haps you should have.

 

but they've shot themselves in the foot here

as they appear to have terminated the agreement without issuing a default notice..opps

bang..shot themselves in the foot.!!

 

[TheDude1]

Thanks dx,

yep they are making fools of themselves!

 

So I guess I should ignore their correspondence until I receive the SAR documentation or wait for SAR expiry date with no documentation before proceeding to any further action.

 

As I cannot do anything without the SAR documents.

 

 

Cheers

 

 

Edited September 30, 2019 by TheDude1

[dx100uk]

as an sar is free and 30 days now

why not simply send a new one.

 

I've not confirmed this yet properly

I but I believe this might poss void the whole agreement under the CCA...

 

has she moved since taking this finance out?

[TheDude1]

Cheers dx, will send another SAR, I didnt know its now free.

 

No, she has never moved address, thanks

[TheDude1]

Hi guys, finally received the SAR Data,

 

Here is what I found:

 

Date of letter underlined

 

08/03/2017 - Default Notice dated 31/05/2016

30/03/2017 - Termination Notice

11/12/2017 - Default Notice dated 31/05/2016

27/07/2018 - Default Notice dated 31/05/2016

01/10/2018 - Termination Notice

31/07/2019 - Last Payment Made

02/09/2019 - VT letter sent

12/09/2019 - SAR Request

 

They have been sending people to her property and hand-posting letters to contact.

 

When we sent VT, they said we cannot VT as agreement was terminated on 30/03/2017, but she has paid and kept the vehicle since said termination.

 

Any ideas the next course of action to take?

Thanks for any help

 

 

31/05/2016 is the agreement start date.

Edited October 28, 2019 by TheDude1

[dx100uk]

are you sure this default notice 08/03/2017 giving a date not nearer than 14 days from the date of the DN to satisfy it, thus she did

thus the default notice was rectified within time?

 

have you still got it?

scan it to PDF please

read upload

 

 

 

[TheDude1]

Hi dx, 31/05/2016 was the date the agreement began.

 

i will check payment history, will upload scans in the morning, thank you

 

 

[TheDude1]

Hi, sorry for the delay, here is the pdf and payment history after defaults.

 

31/05/2016 - Agreement Commencement

08/03/2017 - Default Notice

15/03/2017 - 211.73 Payment Made

30/03/2017 - Termination Notice

11/12/2017 - Default Notice

02/01/2018 - 211.73 Payment Made

27/07/2018 - Default Notice

30/07/2018 - 211.73 Payment Made

01/10/2018 - Termination Notice

31/07/2019 - Last Payment Made

02/09/2019 - VT letter sent

12/09/2019 - SAR Request

 

Thank you for any help

Doc1.pdf

[dx100uk]

weird lot...

 

1.they default and terminate in march 2017. [correctly as the dn sum was not met by the due date on the DN]

 

2.they then issue another DN nov 2017. [thus we can assume they consider the conditions of the 03/2017 DN was satisfied..thus now dead]

 

3.they issue yet another DN july 2018 and terminate again 10/2018 [thus we can assume they consider the conditions of the 11/2017 DN was satisfied..thus now dead]

 

4. following your 09/1019 VT letter , they then reply stating The agreement was terminated 20 months ago [01/2018] via Termination Notice therefore you have lost the right to Voluntary terminate the agreement. the relevant DN being 07/2018.

 

so it appears they HAVE considered all actions prior 07/2018 DN were rescinded, but that as the DN of 07/2018 was not satisfied , they were correct to terminate this time on 10/2018.

 

so twice previously have considered you met their demands and wiped the DN/TN requirements,

why can't they do this the 3rd time and accept the VT is valid?

 

not very consistent in my mind!!!

 

have you the statements from day one please?

 

 

 

 

[TheDude1]

Thanks dx

Yes, one would assume that if they continued to collect payments then surely previous defaults and terminations would be unenforceable or relied upon legally at a later date.

 

here are the payments history

 

Cheers

 

Doc2.pdf

[dx100uk]

2 hours ago, dx100uk said:

weird lot...

 

1.they default and terminate in march 2017. [correctly as the dn sum was not met by the due date on the DN]

 

2.they then issue another DN nov 2017. [thus we can assume they consider the conditions of the 03/2017 DN was satisfied..thus now dead]

 

3.they issue yet another DN july 2018 and terminate again 10/2018 [thus we can assume they consider the conditions of the 11/2017 DN was satisfied..thus now dead]

 

4. following your 09/1019 VT letter , they then reply stating The agreement was terminated 20 months ago [01/2018] via Termination Notice therefore you have lost the right to Voluntary terminate the agreement. the relevant DN being 07/2018.

 

so it appears they HAVE considered all actions prior 07/2018 DN were rescinded, but that as the DN of 07/2018 was not satisfied , they were correct to terminate this time on 10/2018.

 

so twice previously have considered you met their demands and wiped the DN/TN requirements,

why can't they do this the 3rd time and accept the VT is valid?

 

not very consistent in my mind!!!

 

have you the statements from day one please?

 

 

 

 

 

re above...

ta i'll match that up latter and respond

 

dx

 

[dx100uk]

what are all these refund overpayment cheques?

 

did you see them?

 

[TheDude1]

Hi dx, yes I saw them

 

, I know she had a couple of refunds via cheque,

 

1 substantial one over 600 pound, but not sure why, will find out, cheers

[dx100uk]

Ok im gonna revisit again to findout what they were made of

i was thinking about all those fees poss

 

but eitherway if they are refunding then messin around again sending out defaults it makes them look totally incompetent

[dx100uk]

sri been busy

get there soon

 

dx

[TheDude1]

No worries dx, appreciate your help thanks

[dx100uk]

only appear to have 1 page of the agreement duplicated several times over the uploads.

have you the rest?

and the T&C's?

 

just gonna checkout why they have issue THREE default notices!! AND TWO TN'S

me thinks they haven't a clue what they are doing

these refunds don't make sense either!!

[TheDude1]

Hi dx, thanks again for the help!

I have attached CCA, terms + conditions and details of refund letter.

 

So are you thinking this agreement could be void as you suggested in your earlier post?

 

Cheers

 

Doc4.pdf

Edited November 4, 2019 by TheDude1
removed sensitive information

[dx100uk]

interesting.

 

page nine doc4 

what date is that please? its obscured??

 

they speak of subsequent NOSIA..

have they ever ent any?

 

 

[dx100uk]

getting somewhere.

 

that letter ref'd above where she got £695 - that was because they did not send statutory notices of sums in arrears so they had to refund all the int from the start of their error period and any penalty charges.

I will guess its was dated 03/2018.

it also INVALIDATES any default notices and termination notices sent to that date.

 

so they cant refuse the VT request on the back of the agreement being terminated jan 2018 as that was voided by them.

 

now since then they have sent DN  07/2018 and TN 10/2018

however they have also issued a like refund  05/2019

and i will guess she had NOT had any notice of sums in arrears sent to her since 03/2018?

 

so, i bet they are the same No NOSIA refunds - so even if they state opps we made a mistakes,

DN/TN in 2018 are invalid too

 

so her VT is valid, they cant refuse it.

 

HTH

 

dx