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
    • Marguerita
    • By Marguerita 11th Feb 18, 5:33 PM
    • 3Posts
    • 1Thanks
    Marguerita
    Personal Contract Plan
    • #1
    • 11th Feb 18, 5:33 PM
    Personal Contract Plan 11th Feb 18 at 5:33 PM
    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.
Page 1
    • Pixie5740
    • By Pixie5740 11th Feb 18, 5:48 PM
    • 11,930 Posts
    • 16,799 Thanks
    Pixie5740
    • #2
    • 11th Feb 18, 5:48 PM
    • #2
    • 11th Feb 18, 5:48 PM
    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.
    Originally posted by Marguerita
    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
    • By molerat 11th Feb 18, 7:15 PM
    • 18,381 Posts
    • 12,546 Thanks
    molerat
    • #3
    • 11th Feb 18, 7:15 PM
    • #3
    • 11th Feb 18, 7:15 PM
    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.
    www.helpforheroes.org.uk/donations.html
    • Westminster
    • By Westminster 12th Feb 18, 12:40 AM
    • 838 Posts
    • 514 Thanks
    Westminster
    • #4
    • 12th Feb 18, 12:40 AM
    • #4
    • 12th Feb 18, 12:40 AM
    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
    Hi. Martin has asked me to tell you I'm a Board Guide on the following boards: Mortgages & Endowments, Mortgage-Free Wannabe, House Buying, Renting & Selling, Small Biz & Charities' MoneySaving and Charities.

    I'm a volunteer to help the boards run smoothly, and I can move and merge posts on there. Board guides are not moderators and don't read every post. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
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

4,147Posts Today

8,209Users online

Martin's Twitter
  • Facebook today admitted in parliament that after it heard of my defamation lawsuit against it for 50 fake scam ads? https://t.co/XttOnyH9sq

  • RT @jamiesusskind: After more than 10 years, and with such sadness, I am leaving Labour. I'm doing it for the same reason that I joined: be?

  • RT @Deeangelique_: I suggested @MartinSLewis get 'I Don't Do Ads' tattooed to his forehead yesterday. Today he posted this. I gave Martin L?

  • Follow Martin