Fair Wear and Tear - How I get to court?

[Abbopro]

hi there

 

I'm had a few lease cars, and have suffered the slings and arrows of dealing with these guys when returning vehicles.

 

This time I went to great lengths to ensure it went back pristine, having it checked over by a very experienced bodyshop who deal with the BVRLA guidelines all the time.

 

On collection the guy gave me a docket that confirmed there was nothing outside the guidelines (and there wasn't).

 

I then got the inevitable charge letter from LVM asking for £260 for damages. Their pictures were of poor quality, and during the discussion (via phone and email) I made it clear I would dispute their claim in court without hesitation.

 

Today I got formal a "non-payment" letter. "Notice is given in compliance with Consumer Credit Act 1974 etc.."

 

Annoyingly it states "We are now obliged by law to send you an arrears notice as you have missed at least two regular payments". I called them today and asked them to tell me what it refered to, the answer of course was the disputed damage. Not "at least two missed payments".

 

I have asked them, as stated as my right in this letter, to "provide me with more information about which payments you failed to make". I want that in writing.

 

My issue is this, they are treating this as a credit default in essence. I want to get it to court asap.

 

So my question to you all is, how do I speed this up to a conclusion as I do not want this to become a credit default issue??

[sailor sam]

Hi,

 

I used to run a car rental business which leased cars on a 6 month basis.

 

My first observation is that if they are 'obliged by law' to send you an arrears notice, then surely they should send you the correct one. Obviously the one they sent you does not correspond with the disputed issue so it would not be 'compliance with the consumer credit act 1974'.

 

Secondly, when any of my fleet was due to be re-newed, an inspection of each car would be carried out with both myself and a rep from the lease co prior to the arrival of the transporter. A condition agreement would be completed and signed by both of us and it is at that point that any issues would be discussed. I cannot see how they can come back after the car(s) have left your custody and claim damage which wasn't agreed before (when the collection guy gave you the 'docket'). I do not see that they have a legal leg to stand on.

 

Lastly, I would just sit tight and defend any claim they make. I don't see how they can make this into a credit default situation when it clearly isn't. Ask them to provide evidence that this 'damage' existed when it was checked by the 'collection guy', do it writing marking the letter 'Account In Dispute'.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

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[Conniff]

You say your want it speeded up and to get it into court asap and then don't come back, so I suggest you

catch the number 26 bus, it stops right outside.

Edited June 22, 2010 by Conniff