Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • stud26
    • By stud26 3rd Mar 17, 9:36 AM
    • 22Posts
    • 12Thanks
    stud26
    PCP Voluntary Termination Paperwork Help Please
    • #1
    • 3rd Mar 17, 9:36 AM
    PCP Voluntary Termination Paperwork Help Please 3rd Mar 17 at 9:36 AM
    Hi

    I've requested voluntary termination on our PCP agreement through Barclays Partner Finance and have just received the necessary paperwork.

    I've seen in other posts like http://www.legalbeagles.info/forums/showthread.php?77612-A-guide-to-voluntary-termination-Your-rights that it is not necessary to complete the forms. Do I simply return them blank and include the suggested template letter?

    Also, on the phone they said to take the car to an auction house in Wimbledon, but the letter now states it needs to be returned to Macclesfield. Which do I believe, as the distance from Brighton increases massively!

    Alternatively, is it true I don't need to pay the collection fee?

    The paperwork also says that they will check the car in accordance with BVRLA guidelines, what are these exactly?

    Any help is greatly appreciated.
Page 1
    • neilmcl
    • By neilmcl 3rd Mar 17, 9:45 AM
    • 10,282 Posts
    • 7,211 Thanks
    neilmcl
    • #2
    • 3rd Mar 17, 9:45 AM
    • #2
    • 3rd Mar 17, 9:45 AM
    First things first, it's important for you to understand that VT is a statutory right it's not something you need to "request". The only thing you need to is give them formal notice of VT, the template letter is all you need to do. Do not sign anything else. I don't believe you have to go around the country delivering the vehicle, usually they come to you. What make of car is it?

    If you haven't signed anything then you do not need to pay a collection fee, even if you have it's unlikely to be enforceable. All you need to do is make the car available for collection.

    The BVRLA guidelines determines what constitutes fair wear & tear for your vehicle. If you google BVRLA Guide then you should find examples.
    • stud26
    • By stud26 3rd Mar 17, 9:53 AM
    • 22 Posts
    • 12 Thanks
    stud26
    • #3
    • 3rd Mar 17, 9:53 AM
    • #3
    • 3rd Mar 17, 9:53 AM
    Thanks @neilmcl

    I've amended the template letter slightly. Does this look ok?

    "I recently called you to notify you that I wish to invoke my statutory right under section 99 of the Consumer Credit Act 1974 and hereby give you notice that the agreement is terminated effective immediately from the date of this message (03/03/2017). Please confirm by return acknowledgement of this message and to make arrangements for collection of the vehicle.

    The condition of the car is noted as being in a reasonable condition for its age and photographic evidence has been taken in the event of any future dispute as to the condition of the vehicle.

    You will be aware that the Consumer Credit Act limits my liability to half of the total amount payable under the agreement but excludes any sum payable as a penalty, compensation or damages for a breach of the terms of the agreement. Such terms imposed are inconsistent with my rights under the Act and are therefore deemed void and unenforceable.

    In the paperwork you have sent out regarding my voluntary termination, you state that; "if you would like your vehicle collected, there will be a collection fee of £125 plus VAT". I am under no obligation to pay any fees for the collection of the vehicle. Again, the Consumer Credit Act 1974 explicitly states that, my liability under the agreement is limited to half the total amount payable and any terms under the agreement which imposes additional liability directly or indirectly is strictly prohibited by the Act. As such, I shall not be paying any collection fees.

    The vehicle is now available for collection and I would be grateful if you could contact me on xxxxxxx or my husband on xxxxxx to arrange a suitable time within the next 14 days."
    • neilmcl
    • By neilmcl 3rd Mar 17, 10:00 AM
    • 10,282 Posts
    • 7,211 Thanks
    neilmcl
    • #4
    • 3rd Mar 17, 10:00 AM
    • #4
    • 3rd Mar 17, 10:00 AM
    In the paperwork you have sent out regarding my voluntary termination, you state that; "if you would like your vehicle collected, there will be a collection fee of £125 plus VAT". I am under no obligation to pay any fees for the collection of the vehicle. Again, the Consumer Credit Act 1974 explicitly states that, my liability under the agreement is limited to half the total amount payable and any terms under the agreement which imposes additional liability directly or indirectly is strictly prohibited by the Act. As such, I shall not be paying any collection fees.
    Originally posted by stud26
    I wouldn't bother included the above, you can argue that point at a later date should they insist on a collection fee. Keep the termination letter basic and to the point.
    • stud26
    • By stud26 3rd Mar 17, 10:08 AM
    • 22 Posts
    • 12 Thanks
    stud26
    • #5
    • 3rd Mar 17, 10:08 AM
    • #5
    • 3rd Mar 17, 10:08 AM
    Nice one. Have just sent it as per your amendment. Fingers crossed it goes smoothly!

    Thanks for your help.
    • neilmcl
    • By neilmcl 3rd Mar 17, 10:13 AM
    • 10,282 Posts
    • 7,211 Thanks
    neilmcl
    • #6
    • 3rd Mar 17, 10:13 AM
    • #6
    • 3rd Mar 17, 10:13 AM
    Nice one. Have just sent it as per your amendment. Fingers crossed it goes smoothly!

    Thanks for your help.
    Originally posted by stud26
    I'm assuming you've just emailed it. Personally I would have sent it via recorded post.
    • stud26
    • By stud26 3rd Mar 17, 10:33 AM
    • 22 Posts
    • 12 Thanks
    stud26
    • #7
    • 3rd Mar 17, 10:33 AM
    • #7
    • 3rd Mar 17, 10:33 AM
    Is that so you know they've received it?
    • MobileSaver
    • By MobileSaver 3rd Mar 17, 6:14 PM
    • 1,293 Posts
    • 1,768 Thanks
    MobileSaver
    • #8
    • 3rd Mar 17, 6:14 PM
    • #8
    • 3rd Mar 17, 6:14 PM
    Also, on the phone they said to take the car to an auction house in Wimbledon, but the letter now states it needs to be returned to Macclesfield. Which do I believe, as the distance from Brighton increases massively!

    Alternatively, is it true I don't need to pay the collection fee?
    Originally posted by stud26
    As already noted by neilmcl you do not need to pay a collection fee.

    In the extremely unlikely event that a PCP dispute ended up in court you would always want to be able to show that you at all times were reasonable and that the other side were not. Therefore if they ask you to deliver the car to a Brighton address then that would be reasonable, however Wimbledon or Macclesfield would not and so you politely tell them to take a running jump, as you have.

    If they have already corresponded with you via email then email notice is fine. All you need is an acknowledgement that they have received your notice even if they dispute some of your statements. If you do not get a reply within a few days then follow up with a reminder and if still nothing then send a letter Recorded Delivery; in all of your correspondence stick to the facts that these are reminders, the agreement terminated on 3/3/17 and that you will take no further responsibility for the vehicle. (If they start playing games then you can consider upping the ante; for example advising them the vehicle is parked a public road and that once the 14 days are up you will be cancelling the vehicle insurance.)

    Basically if the car is in reasonable condition for its age and you have already paid 50% of the original PCP agreement amount then that is the end of your liability. Perhaps understandably the finance company will try everything they can to get you to part with more money, even £100 is £100 pure profit for them as legally they are entitled to nothing. Above all else though do not sign any further paperwork that might make you liable for charges which fall outside your Consumer Credit Act rights.
    Respect to 3 of the greatest actors of all time; amazing people who are totally believable as the characters they play & almost single-handedly make the shows they starred in:

    Peter Dinklage as Tyrion Lannister in Game of Thrones
    Daniel J. Travanti as Frank Furillo in Hill Street Blues
    Claire Danes as Carrie Mathison in Homeland
    • stud26
    • By stud26 8th Mar 17, 7:52 PM
    • 22 Posts
    • 12 Thanks
    stud26
    • #9
    • 8th Mar 17, 7:52 PM
    • #9
    • 8th Mar 17, 7:52 PM
    Thanks for all your help so far. They've sent me some paperwork, one sheet is a 'Vehicle Condition Checklist'. Should I complete this at all i.e. state the conditions but not sign it, OR just send it back empty and let the collection rep do it?
    • stud26
    • By stud26 15th Mar 17, 3:53 PM
    • 22 Posts
    • 12 Thanks
    stud26
    So, the plot thickens.
    We refused to sign anything and called them. We agreed in the end that we'd sign and send our own letter confirming the VT, that the car was in good condition and that would need to come collect the car. The other forms wouldn't need to be signed.

    They received this letter 5 days ago and haven't made contact to arrange collection of the car. So we again called them. They said that they couldn't progress our case because we hadn't signed their forms. We explained about the previous conversation and we told that we were misinformed. When I quoted the law they said it wasn't the law (and they later admitted they didn't entirely know the law).

    So now we don't know who to believe.

    They're sending us the forms again to sign.

    Is this a case of who can dig their heels in deepest and longest. Do we continue to refuse to sign their forms? They said that other people in this situation have eventually buckled and signed.

    Also, is it wise to cancel our direct debit so they can't take further payments?

    Thanks.
    • neilmcl
    • By neilmcl 15th Mar 17, 4:18 PM
    • 10,282 Posts
    • 7,211 Thanks
    neilmcl
    You have fulfilled all your obligations as laid out in law. I'd would inform that as far as the law is concerned you no longer have a legal interest or responsibility for the car and they should make arrangements to collect the vehicle. I would consider cancelling your DD and inform that you will no longer be insuring the vehicle.
    • MobileSaver
    • By MobileSaver 15th Mar 17, 6:57 PM
    • 1,293 Posts
    • 1,768 Thanks
    MobileSaver
    They said that they couldn't progress our case because we hadn't signed their forms.
    Originally posted by stud26
    That's entirely up to them; you have fulfilled your legal obligations, you do not have to do anything further except take reasonable steps so that they can get the car back (insisting you sign even more paperwork before they will collect is not reasonable.)

    When I quoted the law they said it wasn't the law
    Originally posted by stud26
    The law:

    Consumer Credit Act 1974 - Section 99

    (1) At any time before the final payment ... the debtor shall be entitled to terminate the agreement by giving notice to any person entitled or authorised to receive the sums payable under the agreement.

    Consumer Credit Act 1974 - Section 100

    (1)Where a regulated hire-purchase or regulated conditional sale agreement is terminated under section 99 the debtor shall be liable ... to pay to the creditor the amount by which one-half of the total price exceeds the aggregate of the sums paid and the sums due in respect of the total price immediately before the termination.

    (4)If the debtor has contravened an obligation to take reasonable care of the goods or land, the amount arrived at under subsection (1) shall be increased by the sum required to recompense the creditor for that contravention, and subsection (2) shall have effect accordingly.

    (5)Where the debtor, on the termination of the agreement, wrongfully retains possession of goods to which the agreement relates, then, in any action brought by the creditor to recover possession of the goods from the debtor, the court, unless it is satisfied that having regard to the circumstances it would not be just to do so, shall order the goods to be delivered to the creditor without giving the debtor an option to pay the value of the goods.

    A layman's summary of your only obligations:

    1) Give notice
    2) Pay at least 50% of the original amount due
    3) Take reasonable care of the vehicle
    4) Allow them to have the vehicle back

    That's it! That is all you have to do, they can ask you to do lots of other things but the law says only those four things so as long as you abide by all those terms your agreement with the finance company is at an end.


    They said that other people in this situation have eventually buckled and signed.
    Originally posted by stud26
    Lots of people will not be aware of their legal rights.

    Is this a case of who can dig their heels in deepest and longest.
    Do we continue to refuse to sign their forms?
    Also, is it wise to cancel our direct debit so they can't take further payments?
    Originally posted by stud26
    Yes, yes and yes.

    As neilmcl says, simply remind them the agreement has ended (or will on such and such a date depending on what notice you gave), the car is no longer your concern, you will be cancelling the insurance and please can they collect it at their earliest convenience.

    Personally I wouldn't bother calling them again; use either email or a written letter so that there is a paper trail. Do not be taken in, they do know the law and they do know that they cannot force you to sign anything else and they cannot charge you any other fees; it is a game to them as anything (even £100) they can rip you off for is pure profit for them.
    Respect to 3 of the greatest actors of all time; amazing people who are totally believable as the characters they play & almost single-handedly make the shows they starred in:

    Peter Dinklage as Tyrion Lannister in Game of Thrones
    Daniel J. Travanti as Frank Furillo in Hill Street Blues
    Claire Danes as Carrie Mathison in Homeland
    • stud26
    • By stud26 15th Mar 17, 7:29 PM
    • 22 Posts
    • 12 Thanks
    stud26
    @neilmcl and @MobileSaver, thank you so much for these answers/ammunition. They're emailing the documents to us so I'll reply to them with this knowledge/knock-out blow.

    I'll let you know how it goes.
    • Nivesh
    • By Nivesh 5th Jul 17, 4:54 PM
    • 2 Posts
    • 0 Thanks
    Nivesh
    Hi all
    I called Barclays finance to activate my voluntary termination. I have been told of a 109 pounds to be paid to be eligible which is fair enough. they are going to send some paperwork for me to sign. And also they said they will be a collection charge of £150 or delivery charge of £84 if I decide to drop the car for them.
    the car has minor scratches around 5-6 in all and few on all alloys wheels and everything else is in good condition including the interior.
    firstly, do I need to sign the paperwork?
    secondly, do I have to pay for collection/delivery charges?
    thirdly, they are saying not to cancel my direct debit as I am liable to pay until the car is sold.
    And fourthly, when is the liability of the car be no longer mine?

    any advice will be helpful.

    Regards
    Niv
    • Nivesh
    • By Nivesh 5th Jul 17, 4:56 PM
    • 2 Posts
    • 0 Thanks
    Nivesh
    I forgot to mention the car is 7 years old within the contracted 10 000 a year mileage.
    • neilmcl
    • By neilmcl 5th Jul 17, 8:09 PM
    • 10,282 Posts
    • 7,211 Thanks
    neilmcl
    Hi all
    I called Barclays finance to activate my voluntary termination. I have been told of a 109 pounds to be paid to be eligible which is fair enough. they are going to send some paperwork for me to sign. And also they said they will be a collection charge of £150 or delivery charge of £84 if I decide to drop the car for them.
    the car has minor scratches around 5-6 in all and few on all alloys wheels and everything else is in good condition including the interior.
    firstly, do I need to sign the paperwork?
    secondly, do I have to pay for collection/delivery charges?
    thirdly, they are saying not to cancel my direct debit as I am liable to pay until the car is sold.
    And fourthly, when is the liability of the car be no longer mine?

    any advice will be helpful.

    Regards
    Niv
    Originally posted by Nivesh
    I'll answer this here rather than via the PM you sent me. Bear in mind I'm not a legal expert and the following is purely my opinion based on my own research.

    firstly, do I need to sign the paperwork No

    secondly, do I have to pay for collection/delivery charges? No, The CCA states that once you have invoked your right to VT the lender cannot impose further liability, which includes collection charges

    thirdly, they are saying not to cancel my direct debit as I am liable to pay until the car is sold - Are you sure this is what they said, you liability ends on termination of the agreement. If you paid all you need to then go ahead and cancel the DD, although be aware they can charge you for any damage outside of the standard fair wear & tear.

    And fourthly, when is the liability of the car be no longer mine? Your liability ends on termination of the agreement.

    As already posted, it is advisable to have a look on the following http://www.legalbeagles.info/forums/showthread.php?77612-A-guide-to-voluntary-termination-Your-rights
    • nc11
    • By nc11 8th Nov 17, 7:52 PM
    • 32 Posts
    • 17 Thanks
    nc11
    Wanted to push this thread up.... Am about to end an agreement with Barclays Partner Finance (or BPF!) and in need of some advice.

    My agreement, which I've done through a 3rd-party (Zuto) is headed "conditional sale agreement" regulated by the CCA 1974. I'd therefore assume it means that the t&c's are all subjected to the CCA criteria.

    As such, I'm entitled to end the agreement with paying the completion fee, which I've committed to do as I signed the agreement, and returning the vehicle.

    My questions are as follows:-

    1. BPF keeps quoting VT - is that correct? the agreement has reached its contractual term, and as per the t&c's I have 2 options which are my choice - keep and pay the final payment, or return. That means it is not "voluntary terminated" - right? or am I being too picky?!

    2. Collection - they're asking for £150 which seem reasonable. is it?

    3. I get that I don't have to sign their docs, but can provide my own as per the template. What about their vehicle checklist? is there any problem with filling that in? it's basic information of the vehicle and a confirmation of delivery once done.

    Thanks!
    • LandyAndy
    • By LandyAndy 9th Nov 17, 10:28 AM
    • 23,982 Posts
    • 50,732 Thanks
    LandyAndy
    @neilmcl and @MobileSaver, thank you so much for these answers/ammunition. They're emailing the documents to us so I'll reply to them with this knowledge/knock-out blow.

    I'll let you know how it goes.
    Originally posted by stud26

    Except you didn't. You didn't even log in again after 31 March.
    • MobileSaver
    • By MobileSaver 9th Nov 17, 11:19 AM
    • 1,293 Posts
    • 1,768 Thanks
    MobileSaver
    "conditional sale agreement" regulated by the CCA 1974. ... as per the t&c's I have 2 options which are my choice - keep and pay the final payment
    Originally posted by nc11
    Conditional Sale Agreement is another name for HP (Hire Purchase.)

    I am confused though as my understanding of HP was that the car would be yours at the end of the term whereas with PCP you would be offered the choice of returning or paying the final balloon payment to keep the car. You seem to have a HP agreement with PCP terms so perhaps someone more knowledgeable than me can shed light on this.

    1. BPF keeps quoting VT - is that correct? the agreement has reached its contractual term, ... That means it is not "voluntary terminated" right?
    Originally posted by nc11
    You are correct. VT is a statutory right that you can invoke meaning you can terminate the agreement, return the car in reasonable condition and have no further obligation or have to pay any fees to anyone as long as you pay or have paid at least 50% of the initial amount due. You have not said you have invoked this so unsure why BPF keep quoting it.

    2. Collection - they're asking for £150 which seem reasonable. is it?

    3. I get that I don't have to sign their docs, ... What about their vehicle checklist?
    Originally posted by nc11
    If you have not invoked VT then you have no choice but to abide by whatever T&Cs you agreed to when you signed up. So whether £150 is reasonable or not you have to pay it and you similarly have to complete and sign whatever paperwork you agreed to and pay for whatever damage/wear/mileage they consider appropriate.

    What was your exact wording when you contacted them regarding terminating the contract? Perhaps they think you are VT-ing?
    Respect to 3 of the greatest actors of all time; amazing people who are totally believable as the characters they play & almost single-handedly make the shows they starred in:

    Peter Dinklage as Tyrion Lannister in Game of Thrones
    Daniel J. Travanti as Frank Furillo in Hill Street Blues
    Claire Danes as Carrie Mathison in Homeland
    • neilmcl
    • By neilmcl 9th Nov 17, 12:23 PM
    • 10,282 Posts
    • 7,211 Thanks
    neilmcl
    Conditional Sale Agreement is another name for HP (Hire Purchase.)

    I am confused though as my understanding of HP was that the car would be yours at the end of the term whereas with PCP you would be offered the choice of returning or paying the final balloon payment to keep the car. You seem to have a HP agreement with PCP terms so perhaps someone more knowledgeable than me can shed light on this.
    Originally posted by MobileSaver
    A PCP is just another form of Hire Purchase agreement, in fact most PCP agreements will be headed either "Hire Purchase" or "Conditional Sale" agreements.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

4,440Posts Today

8,527Users online

Martin's Twitter