HP Voluntary Termination

treasach

Just to update you on this, I wrote to santander explaining that I am willing to go to court regarding this matter and that I have sought legal advice,

There response was..... we now refuse to speak further regarding this matter, please call out debt recovery team to pay the outanding balance!!!

I can't get my breath

poppasmurf_bewdley

treasach wrote: »

Just to update you on this, I wrote to santander explaining that I am willing to go to court regarding this matter and that I have sought legal advice,

There response was..... we now refuse to speak further regarding this matter, please call out debt recovery team to pay the outanding balance!!!

I can't get my breath

What is the outstanding balance? Are you behind with your payments?

antrobus

poppasmurf_bewdley wrote: »

What is the outstanding balance? Are you behind with your payments?

It's a dispute over vehicle condition on VT.

treasach wrote: »

...Basically they are saying that 3 wheels were scuffed, which arent and I have proof of, and they want 135 pound to recondition them, I have refused to pay this until they give me their photo graphic evidence of these none existent scuffs ...

treasach

Thanks for explaining Antrobus

Poppasmurf, They are now basically refusing to speak with me regarding the dispute of the 135 recon fee and demand payment, they just sent me a leaflet with their complaints proceedure on

poppasmurf_bewdley

They are trying to get under your skin to force you into coughing up some more money to make up for what they are losing on the deal.

You have surrendered the car. Tell them by recorded delivery that you have returned the car in accordance with your agreement and that you have photographic evidence to support the condition of the car. Further tell them that you consider it to be the end of the matter. Tell them if they wish to take it to court, then you will defend the matter and provide photographic evidence to support your claim that the car met the agreement conditions.

They are just trying to un-nerve you.

Janie4Now

I would go a step further.

Via recorded delivery, ask for the photographs under "Pre-Action Discovery" and give them 14 days to forward them to you. State clearly that if they fail to provide these photographs then you will assume that the matter is closed through lack of proof.

They must provide a date when they took their photographs - any time after the date you handed the car back to them would be unacceptable evidence as anyone could have driven the car after that time.

Also make it clear that if they choose to take their case to court then you will defend it robustly. If they take you to court after failing to provide the photographs then any judge will take a very dim view of their procedures which would do little for their case.

If you don't hear from them within 14 days, then I would write to them again stating that the matter is now closed as they have failed to respond to your letter or provide the reasonable proof you have been requesting.

Good luck!

treasach

They have now come back to me stating I have breached the agreement and I now owe 2770 quid and have given me a default notice, I really am at the end of my rope here

poppasmurf_bewdley

treasach wrote: »

They have now come back to me stating I have breached the agreement and I now owe 2770 quid and have given me a default notice, I really am at the end of my rope here

I refer you to my previous post. Tell them you will see them in court.

treasach

poppasmurf_bewdley wrote: »

I refer you to my previous post. Tell them you will see them in court.

Thanks Poppasmurf, I really dont know whether to try and pay the 135 quid now, last thing we need is a default on our credit file were trying to get a mortgage at the end of the year

If the HP already shows as settled on the credit file, can they then go back and change it to a default?

Garage_Flower

As you never paid the £135 they wont have settled the agreement. The default notice will show on your credit report.

It looks as though they have terminated the agreement which makes you liable for the remaining balance which will be the £2k they are asking for.