Voluntary Termination Saga...Please Help!!

massive10001

New Member
Jan 27, 2010
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I am looking for help and advice regarding a debt dispute with ford credit, I am new to the site, thankfully I have never needed consumer advice before.
If i explain the story hopefully somebody out there will know what I can do and what my rights are....

DEEEEPPP BBBREATH.....

I purchased a car from ford credit in June 2007, I kept up with all my monthly repayments until... in september 09 I became unemployed and knew I would fall into difficulties straight away.
Immediately contacted Ford to let them know, I asked about my righ to hand the car back under section 99. They explained that I needed to pay £1,100 in order to take me to the half way point. I said that this was the way to go and began to save the money, knowing I would fall behind with payments whlst I was doing this.
It took me a couple of months to get the money together. On 30th November they sent me a default notice and gave me untill the 21st of Deember to reply. I rang them when i got the letter on the 9th of December, exlplained that I had the money for the half way payment and what would be the next step. They advised that the car would be collected and then I would have 28 days to make the payment after collection. They also said I needed to put this into writing, which I did.
Now for what I see as my only mistake in this... I didnt send it by recorded post,just first class.
Now, in the letter i wrote that could they please contact me to arrange collection of the vehicle. I didnt hear anything for a few weeks, I assumed it was because of xmas and the heavy snow.
On the 16th of January I received a letter from LINK Financial,stating that they had purchased the debt from Ford on the 31st of December and they had cancelled my agreement, removing my right to hand the vehicle back They are now demanding full payment and nothing less.
This was shocking to me to say the least because as far as I was aware I was in the middle of a Voluntary Termination with Ford.
I have taken this to the financial ombudsman who are investigating, consumer advice have also given the case to trading standards and I have been to citizens advice who are setting up a meeting with their legal team.
I really dont see how I could handled this any better. I have done a lot of research about similar cases to this and seem to be coming across a lot of legal speak that is hard to decifer.
I have put a couple of links below, if anybody could read them for me and give me there opinion on wether they think I have a case it would be welcome.

I cant post links here but the case is Rover V Siddons, if you google it...
Also if you google "wargowski" then look for the "lacors" website...

I have requested copy of HP agreement from LINK (Ford will no longer speak to me at all) I have also requested a "Deed of Assignment"

Looking forward to all your informed ideas!!

Thanks very much for reading.

Simon
 

spottedhaggis

New Member
Jul 16, 2010
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I have had a similar if not the same experience myself. GE took me to court because they were so late in collecting the car it ran out of tax and the government picked it up and took it away.

I argued with them over the fact that the letter and cheque sent were together, the cheque was not in my name so the only way they could tie the account with the cheque is if they had the letter.

It went to court, 7 visits to county court and 8 months later the judge found in my favour stating that the credit company had clearly made several errors and would I like to file for any compensation.

My advice having experienced this type of thing is to fight them, and take it to court, if you are sure you have strong evidence of their mistakes.

A lady at DVLA once told me they will do there very best to scare you into giving up and 99% of the time we do, when we should not.

good luck, hope it comes well for you.