I'm currently trying to VT with Park Motor Finance, want vehicle returned 200mls away! **WON*

[eshrules]

Apologies for this being my first post, but woo

 

Anyway, OT, I'll start a new thread if needs be, but I'm currently trying to VT with Park Motor Finance, who have just insisted I return the vehicle, 200 miles/3 1/2 hours away from me and then have to get the train back.

 

This will involve booking a full day off work, the diesel required and the train ticket, can they really insist it's returned under these terms? Doesn't feel at all fair

[eshrules]

I've been reading your boards as a guest for a long time now, more recently due to HP VT issues I'm experiencing.

 

as I'm getting on a bit (:-|) I'm starting to realise how hostile the financial world is and have found some much needed advice on here.

 

Here's hoping to being a useful contributer

[ReasonableRon]

A fair distance to be expected to travel to return the car would be the distance between where you live and where you bought the car from originally. Alternatively, some finance companies will offer the facility to pick up the car (your choice), but by doing this they are entitled to make a reasonable charge.

 

HTH.

[eshrules]

hmm.

 

the distance between myself and the dealer is approx 10/15 miles, no further.

 

The finance firm have appointed an agent to deal with it, who told me this has been the procedure for the last 9 years and is perfectly legal and fair.

 

I personally don't think it is fair, expecting me to travel 3 1/2 hours to return it?

 

I'm presuming, there is no direct legislation/rules governing this?

[nevos]

Hi perhaps you can find something here National debt line

 

WARNING

You may have a default notice sent to you by the creditor because you are behind with the payments on your agreement. Once the time has run out on the default notice this may mean you have lost the right to end the agreement voluntarily and return the goods yourself. It depends upon your agreement. Your creditor may have called in or 'terminated' the agreement when the default notice runs out. Some agreements say another notice to terminate the agreement has to be sent to you after the default notice has run out.

[eshrules]

Hi perhaps you can find something here National debt line

 

 

 

sadly, I've already tried (states the distance must be fair, but that seems open to interpretation!) that also tried contacting them, to no avail as of yet.

 

The financial ombudsmen service state they can't advise. I'm truly at a loss as to who I need to talk to regards this

[nevos]

Ho OK, pitty!

 

You know, if you really have to return the car to them 200 miles, you could look on ebay for car transport, my guess would be about £120.00 a lot will quote you more but, if you contact a few the price will come down, quite a few look for back loads and are cheap.

 

Sorry couldn't help more.

[MARTIN3030]

Welcome to the site.

Look forward to your contributions.

[eshrules]

I 'finally' got through to the national debtline.

 

I'm posting this up for those of you who find yourselves in a similar position.

 

I have been advised to draft a letter advising the Finance Company of the fact that the contract has been terminated and as a result the vehicle is no longer my property, thus, the onus is on them to recover it.

 

He also re-iterated the fact that although the finance company can request you return the vehicle to them, it has to be within reasonable expense and distance, which 189 miles, 3 1/2 hours is not.

 

I have been advised to make the finance aware of this, by recorded letter and to state that I will involve Trading Standards or the Finance & Leasing Association if they continue to insist on me returning the vehicle to the land far far away.

 

Fair play to them, they seem to be a good and knowledgeable bunch.

 

I'll probably start my own thread when I've got an update, so others can follow my case and hopefully pick up a tip or two on how to deal with these rather underhand companies.

[nevos]

That's good! glad you could get some good advice!

[eshrules]

 

@Scottc68 your thread makes compelling reading, I'd be interested to know how many others have had this trouble when terminating with Park Finance. As some may or may not know, Park are in trouble, they're no longer issuing new finance, simply operating off existing contracts, whether or not this has a link with their behaviour obviously isn't for me to comment upon.

 

Thanks for the tip regards TS, I wasn't sure whether or not to involve them yet, I'll contact them this evening.

 

A letter has now gone, special delivery, basically informing them to come and collect their property. The car does, of course, being 8 years old and having covered 100k, have the odd scratch and dent, which I'm sure they'll try to charge me for. Thankfully, I've still got the original bill of sale which detailed some of the existing marks on the car anyway.

 

I think the agent you mention is the same contact I had, a Mr Scull by any chance?

 

It's a shame TS do not have more power, however as you say, with my distance nearing 200 miles, I can't see how anyone could argue that's a fair distance.

 

I'll contact TS tonight and update accordingly. thanks for your post

[eshrules]

To update 'briefly'

 

the letter was responded to, park motor finance still insist the terms they've got on their contract were agreed to and I must return it 200 miles from my home. (the term states I must return the car to 'us' at 'my' own

 

After receiving further advice from the debtline, it appears their 'term' is considered unfair "unfair terms in consumer contracts regulations 1999." and thus, unenforceable, but can I find someone to take that onboard and help me out

 

Park are also insisting the car is my liability, despite the fact I've terminated the agreement and they're now being awkward over the return!

 

I have spoken to consumer direct twice so far, the first time was useless, as they simply stated the terms were agreed to, I tried to explain the term was unfair.

 

the second time has earnt me a callback from a manager to discuss the matter.

 

I am currently, stuck between advice received from the debtline and trading standards/consumer direct. I firmly believe the term park motor finance are trying to enforce is unfair and I'm curious as to how many others have experienced the same?

 

to add insult to injury, I'm currently without a car (insurance has been cancelled on the current car) and making a 12 mile daily commute is no fun with no car.

[eshrules]

well,

 

after 2 weeks of phone calls and a few frank words, the matter got passed to trading standards, who promptly informed me the finance company are apparently within their rights, despite it being an unfair distance.

 

So National Debtline, it seems, have been overruled, which leaves me a month down the line and under incorrect advice.

 

I'll be arranging to get shut of this vehicle asap as I can no longer be bothered with the hassle. the one annoying thing in all this is that nobody anywhere seems to understand the law clearly enough to advise on it.

[eshrules]

Eshrules has won....

 

I intend to start a new thread detailing this process from start to current standing and I'll try to help any other members who find themselves being intimidated by finance companies trying to impose unfair terms.

 

A handy bit of advice for you in the meantime, google UTCCR 1999.

 

it's proved invaluable