WWW.MOUNTBATTENCARSALES.CO.UK/Close Brothers - Faulty car

[theoldrouge]

The agreement is still live and not been defaulted ,(as yet)

personally I would VT the agreement ( without knowing the exact figures ,your max liability would be around £1500 of the monies that you won)

and then argue that balance and car condition out with Close Brothers , at least any liability will be capped and your credit file protected

[theoldrouge]

Depends on whether or not you wish to preserve your credit file or whether you can manage to get Close Brothers to meet their obligations to you 

IMO you are inviting open ended risk by not VTing the agreement whilst you are still able to do so

Not saying you should pay anything at this stage but at least you would be in control of events 

[theoldrouge]

Certainly would be getting quotes to see what the vehicle is worth
You do realise talking VT here and NOT VS

[theoldrouge]

So the judgement specifically states that the agreement is void?
Personally I think you should have asked for advice on the wording of the POC

[theoldrouge]

Firstly the matter could have been settled byVT as advised at a profit
Second the initial judgment is purely a money judgment nothing more 
The wording of the POC of the second claim is so poor that CB could take it apart 
The agreement is not void
No reference has even been made to CCA1974
 

Feb 21
”IMO you are inviting open ended risk by not VTing the agreementwhilst you are still able to do so”

Edited July 16, 2023 by theoldrouge

[theoldrouge]

In addition to the above has the agreement been defaulted and terminated?

[theoldrouge]

If the agreement has not been defaulted and terminated, it beggars belief that you don’t get on and VT the agreement 
You will be in profit 
And rid of the car 
Going to a solicitor to take on your case will soon put you in an unquantifiable loss situation 

[theoldrouge]

Have you researched VT
Where do you get the figure of £6000 from???

[theoldrouge]

PLEASE just answer the following three questions 

1)Has the agreement been defaulted and terminated?
2)What is the TOTAL of the agreement?
(exact figure please from your agreement)
3)How much INCLUDING the deposit have you paid? (EXACT figure please)
 

don’t complicate matters just answer the above three questions 

Edited July 20, 2023 by theoldrouge
Additional words

[theoldrouge]

God nothings ever simple on this thread 
 

However let’s try and work with what we have got
Total agreement £11662
You have paid towards agreement £5344
(11662-6318)
50%of agreement £5831
So amount to complete VT and end problems 
 

£487!!!!!!!  

 

So all we need to do is for you to answer point no1 as @dx100ukhas requested in order to see if your agreement is still eligible for VT
 

 

[theoldrouge]

OK so slight differences in the figures as you originally said

£6318 left to pay so take that from £11662 would mean you had paid £5344 but now you say inc deposit you have paid £5023 towards the agreement with any interest adjustment as dx says your max liability is £808. What the car fetches at auction is neither here nor there to you as you do not receive any money from the sale, It all goes to CB to help towards their considerable losses

Normally I would advise sending a SAR to double check for a Default However in your case personally I would just get on with it as if CB realise what has happened they may issue a DN pretty quick , You need to realise you have been exceptionally lucky so far and could walk away from this mess with a profit of £1500 to £2000

My advice would be GET ON WITH IT

Click VT for information 

[theoldrouge]

All you need to do is to send the VT letter stating that the agreement will terminate on  xx/xx/2023,

that they then must collect their car for which no charge can be levied for collection

If and when they invoice you we can then deal with that

You will only be paying that which is necessary to bring the amount paid to 50% of the agreement 
All finance companies hate VT and are full of bluster