Personal Contract Plan

Marguerita

I bought a car on a PCP on a three year deal which allowed me to do 10,000 miles a year. 2 years in, I had done 30,000 miles and my husband was ill and needed a different type of car which he was able to get on the Mobility scheme so I requested to terminate the PCP. I wrote to them with the request, and then received a phone call from the company to tell me my options for trading it in etc. I said I wanted to cancel and they said they would send me a letter detailing the charges I would incur for excess mileage etc. They said I would have to sign the letter and send it back for the termination to go ahead. I got the letter and it clearly stated that unless I signed and returned the letter, the agreement would continue and payments continue to be taken as before. I didn't sign or return the letter, and I decided to see how much I would get it sold the car privately. Then I got a phone call from an auction company saying they were collecting the car on behalf of the finance company. I said I haven't agreed to that yet, so the put me through to the finance company, who said they had acted on the initial letter I sent and that the one they had sent me was for information purposes only. They denied there had been a phone call.
So feeling I had no choice I let them collect the car. I complained to the company on the basis that their letter specifically stated that if I did not sign and return it the agreement would continue, but they did not accept that there was anything wrong. So I complained to the ombudsman and my complaint was handled by an adjudicator who decided the finance company should pay me £250 compensation, which the company have accepted. My husband is now terminally ill and feels aggrieved about this. There was a clause in the finance agreement that said if the finance company took the car without my consent they would have to pay back all the money I had paid under the agreement, and my husband thinks it should have applied in the situation. So he asked me to post it on here to find out if there is anything else I could have done in pursuing the complaint, or if there was any likelihood of a different outcome.

Pixie5740

Marguerita wrote: »

I bought a car on a PCP on a three year deal which allowed me to do 10,000 miles a year. 2 years in, I had done 30,000 miles and my husband was ill and needed a different type of car which he was able to get on the Mobility scheme so I requested to terminate the PCP. I wrote to them with the request, and then received a phone call from the company to tell me my options for trading it in etc. I said I wanted to cancel and they said they would send me a letter detailing the charges I would incur for excess mileage etc. They said I would have to sign the letter and send it back for the termination to go ahead. I got the letter and it clearly stated that unless I signed and returned the letter, the agreement would continue and payments continue to be taken as before. I didn't sign or return the letter, and I decided to see how much I would get it sold the car privately. Then I got a phone call from an auction company saying they were collecting the car on behalf of the finance company. I said I haven't agreed to that yet, so the put me through to the finance company, who said they had acted on the initial letter I sent and that the one they had sent me was for information purposes only. They denied there had been a phone call.
So feeling I had no choice I let them collect the car. I complained to the company on the basis that their letter specifically stated that if I did not sign and return it the agreement would continue, but they did not accept that there was anything wrong. So I complained to the ombudsman and my complaint was handled by an adjudicator who decided the finance company should pay me £250 compensation, which the company have accepted. My husband is now terminally ill and feels aggrieved about this. There was a clause in the finance agreement that said if the finance company took the car without my consent they would have to pay back all the money I had paid under the agreement, and my husband thinks it should have applied in the situation. So he asked me to post it on here to find out if there is anything else I could have done in pursuing the complaint, or if there was any likelihood of a different outcome.

I'm sorry to hear about your husband.

Do you still have the finance agreement? Could you quote the exact wording of the clause to which you refer in your OP?

molerat

That would be repossessing without a court order if more than 1/3 had been paid, a standard part of the CCA clause. Nothing here indicates that has happened.

Westminster

A side point - but if it is your husband who is eligible for the motability car then you should be aware of (and plan you choice of car accordingly) that the car will be removed in the unfortunate event of his death. Clearly that will be the least of your concerns at this stage - but you may want to bear that in mind as any advance payment would not be refunded to you so it may be prudent to seek grant assistance from motobility if you are likely to require an expensive vehicle such as a wheelchair accessible one which can have an advance payment wel in excess of £10k