Exercising Right to Terminate HP Agreement

bleucuti

This is my story of how we took on RMS receivables and with very little effort won!


We bought a second hard Vectra from Hartwell's back in spring of 2012. We took a HP arrangement with Peugout Finance to fund the vehicle.

Late last year (2014) we decided to exercise our right to terminate the agreement. We sent an email to Peugeot Finance and they wrote back confirming that I as I had paid more than half the monies, I could terminate the agreement with no further monies to be paid. They also sent me a form, which they asked me to complete to action the return of the vehicle. (I have since discovered that legally I didn't need to complete their form and could have sent my own letter). However, I did alter the form, as it stated that I must be 'within the agreed mileage limits and I could be liable for any damage deemed not to be fair wear and tear', therefore I stated on the form that there had been no mileage stipulations on my original contract. I also stated that as the vehicle had been second hand there was existing damage on purchase, that had not been recorded by the garage and/or finance company. Their form also tried to imply you had to have a FSH and if items such as spare keys were missing you could be liable, although they didn't seem to pursue any of this (we didn't have a full FSH). Had they tried my argument would have been that this was not stipulated in the original agreement.
Before the vehicle was collected we had it valeted and took all our own photos. The person who came to collect the car was very abrasive and not very friendly and stated he couldn't check the car properly because it was raining...raining or not you could see what damage their was and it was very minimal.
About three weeks later we receive a letter from RMS Receivables, who are apparently acting on behalf of Peugeot Finance, enclosing photos, stating that there was damage amounting to the total of £350, which they deemed to be not fair, wear and tear. The most expensive item they stated was paint discolouration on the bonnet...they deemed this to be from bird waste. We had our own pictures which would have easily proved their was no such discolouration on the bonnet, their pictures showed some paint peeling from the bonnet which was in our view a manufacturing or paint application fault as it was chipping of in random places all over the boot and bumper and the other marks were pre-existing when we purchased the vehicle at 3 years old. Notably the letter had no date, by which I needed to respond.
I emailed. them the following letter:


Further to your letter dated 5 January 2015.
There seems to be some mistake, I think you may have got my agreement mixed up with that of the purchaser of a brand new vehicle or lease hire.
They were no mileage stipulations in the contract I signed and more importantly I didn’t sign anything or was I made aware in any way of the full detail of what would constitute ‘Fair Wear and Tear’. In addition I did not voluntarily sign the termination response form as it stood. I have copies of everything I have signed.
I purchased this vehicle from Hartwell in Hereford as a pre-owned vehicle, being some 3 years old. The issues on the vehicle that you detail were either 1) present at the time of purchase, 2) would definitely be deemed fair wear and tear (if not manufacture defects), or 3) I do not recognise as being part of the vehicle I handed back.
I do have my own dated and timed photographs of the vehicle which can be supplied, that supports what I have said above.
I am therefore advising you that I am not legally obliged to pay any further monies on this vehicle as I have fulfilled all the requirements of my agreement with Peugeot; which was to pay half of all monies owed under the finance agreement and to have returned the vehicle having only sustained fair wear and tear on a 3 years old vehicle that, as already mentioned, had sustained some cosmetic damage prior to my purchase.
I look forward to receiving your renewed account of a nil balance.


RMS receivables then tried to contact me by telephone and sending email messages, saying I needed to telephone them urgently. I sent them an email stating I would only communicate with them from now on by email or post and that I had made my position clear in my letter. A few days later they tried calling again and again I sent them a message stating I wouldn't speak to them. At this point someone emailed me and said they hadn't received my letter. I immediately forwarded it to them again. Within minutes they replied, saying my letter was confusing because it could only be 1, 2 or 3 not all 3!? They also asked to see my photos. I replied by asking them, if they had not received my letter what had been their purpose for leaving me messages to call them urgently. They did not reply and I decided I was not going to reply to them until I heard from them further. I was in no rush. I owed them no money, they owed me no money.


A week later, I received this email from them:



Without Prejudice

Dear Sir/Madam

OUR CLIENT:
Peugeot Financial Services
AMOUNT OUTSTANDING

£0.00

Vehicle Registration:

NG**JGX

Agreement Number:

*********

[FONT=Arial Narrow,sans-serif]We write with reference to the termination of your contract for vehicle NG**JGX and your letter dated 7[FONT=Arial Narrow,sans-serif][SIZE=-1]th[/SIZE][/FONT][FONT=Arial Narrow,sans-serif]January 2015.[/FONT]
[FONT=Arial Narrow,sans-serif]Under the circumstances after discussing the issue with our client Peugeot Financial Services we are willing to write off the amount of £350.00 for damages to vehicle NG5**GX.[/FONT]
[FONT=Arial Narrow,sans-serif]Please note that all further communications in respect of this matter should be addressed to us and quote the above reference.[/FONT]
[FONT=Arial Narrow,sans-serif]Please disregard any future correspondence.[/FONT]

[FONT=Arial Narrow,sans-serif]So I won! With very little effort and from collection of the car to their final letter only took 5 weeks and that included the Christmas Holidays.[/FONT]
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[FONT=Arial Narrow,sans-serif]I hope this helps someone else in a similar position:[/FONT]
[FONT=Arial Narrow,sans-serif]Don't use their form send own letter or email...see legalbeagles for further information.[/FONT]
[FONT=Arial Narrow,sans-serif]Take photos before the car leaves you (take some when you purchase it, if secondhand and damaged).[/FONT]
[FONT=Arial Narrow,sans-serif]Be to the point in your letter and explain your position - know your rights![/FONT]
[FONT=Arial Narrow,sans-serif]Only communicate in writing, I'm sure their tactic is to try and speak to you in person and make out that they are doing you a favour, by coming up with a lesser amount.[/FONT]
[FONT=Arial Narrow,sans-serif]Stay calm! :-)[/FONT]



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