Marsh Finance VT and unfair wear and tear repair claim upon return

[buggaluggs]

I have VTd my car and paid up to the 50%

 

However, they are trying to claim a further £200 from me for a torn seat (which was there when we bought it and is a common fault) and some scratches that are hardly anything to be concerned about on a 2008 car.

 

I have disputed the claim but they are saying it's up to me to prove the scratches etc were there at the time of purchase?

Is that correct?

 

The garage who we bought it off have agreed with us about these things being there at the time of purchase and have said they will back us up but if the car finance don't accept that where do we stand?

[dx100uk]

usual rubbish then

its for them to prove the tear etc was not there on purchase not you.

 

 

who's the finance company that's giving you grief

[buggaluggs]

It's Marsh Finance

[obiter dictum]

For a car almost 8 years old they are stretching it a bit far

 

You do not have to prove anything as it goes on the age of the vehicle

 

I would tell them to bog off and say you will let the ombudsman sort it

[buggaluggs]

They have sold the vehicle and not done the repairs either.

[buggaluggs]

Apparently they are charging us for what has been lost in value.

 

Can they try legal proceedings etc? As our credit history is almost back to normal after years of a battering.

[dx100uk]

They can't do that

 

Give the fos a ring and tell them what is going on

 

Have you still report a simple list?

 

Dx

[Conniff]

Apparently they are charging us for what has been lost in value.

 

Can they try legal proceedings etc? As our credit history is almost back to normal after years of a battering.

 

There is 'no' actual value of a used car. The value is what the seller can get for it.

 

Personally, if you are writing to the finance co again, I would say "you purchased the car not me so it is you that should have noted any wear".

[buggaluggs]

They can't do that

 

Give the fos a ring and tell them what is going on

 

Have you still report a simple list?

 

Dx

 

A simple list?

[buggaluggs]

There is 'no' actual value of a used car. The value is what the seller can get for it.

 

Personally, if you are writing to the finance co again, I would say "you purchased the car not me so it is you that should have noted any wear".

 

They have sold the car at auction so not purchased it as such

[Conniff]

They have sold the car at auction so not purchased it as such

 

When you took out the agreement, although you picked out the car, the regulations say that the finance company purchased it and not you. If they want to be sure they are getting value for money, they should inspect the car at the time they purchased it and not just hand out money willy-nilly not knowing what they were buying.

[buggaluggs]

When you took out the agreement, although you picked out the car, the regulations say that the finance company purchased it and not you. If they want to be sure they are getting value for money, they should inspect the car at the time they purchased it and not just hand out money willy-nilly not knowing what they were buying.

 

Aaah yes! I said something similar earlier that they should have inspected it before selling it to me

[dx100uk]

ask for a complete breakdown

 

 

not just a simple list in the letter

sorry my last post didn't come up fully

 

 

dx

[Peterbard]

The consumer credit act section 100 only says this regarding the condition of the goods on VT:

 

(4)If the debtor has contravened an obligation to take reasonable care of the goods or land, the amount arrived at under subsection (1) shall be increased by the sum required to recompense the creditor for that contravention, and subsection (2) shall have effect accordingly.

 

It does not say that the vehicle should be in good condition for its age or in show room condition. If it can be proven that the defect, was apparent when you took possession of the vehicle then there would be no requirement for you to correct.

The rest is just reasonable wear and tear.

 

Part of the function of section 99 to 101, is to safeguard people from being ripped off by being sold a lemon, in that if they are they can return it, and it bites the finance company in the backside

[buggaluggs]

The consumer credit act section 100 only says this regarding the condition of the goods on VT:

 

(4)If the debtor has contravened an obligation to take reasonable care of the goods or land, the amount arrived at under subsection (1) shall be increased by the sum required to recompense the creditor for that contravention, and subsection (2) shall have effect accordingly.

 

It does not say that the vehicle should be in good condition for its age or in show room condition. If it can be proven that the defect, was apparent when you took possession of the vehicle then there would be no requirement for you to correct.

The rest is just reasonable wear and tear.

 

Part of the function of section 99 to 101, is to safeguard people from being ripped off by being sold a lemon, in that if they are they can return it, and it bites the finance company in the backside

 

So is the onus on me or the finance comany to prove?

 

They said they use BVRLA''s guidance on deciding what is fair wear and tear

[Peterbard]

Well the problem is that they have to prove on balance of probabilities that the car wa in order when it was sold to you. You certainly do not have to take any action to improve it.

 

The caar would have to be running and taxed his is established in case law, as for the external and cosmetic condition, the probability is that without proof from either side the court would probably accept it wa in whatever condition is stated under the guidelines mentioned.

[dx100uk]

looks like a bit of an ole boys network making their own rules up.

 

 

urm...bit like the BPA/IAS me thinks

 

 

dx

[theoldrouge]

Apparently they are charging us for what has been lost in value.

 

no they cannot do that, typical try on, finance cos hate vts due to the "losses" on their half of the agreement

 

stand your ground