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obiter dictum

Voluntary Termination (Car) Damage Charges

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Bit rusty as all my previous financial problems are behind me, anyway

 

Been paying car finance through a national company (Not subprime) and never missed a payment.

 

Having reached the 50% mark decided to Voluntary terminate the agreement.

Had no choice due to dodgy knees and needed a vehicle you step into.

 

Last week received a £600 demand for damages.

Hand on heart small dings and paint chips on a 10-year-old vehicle.

 

Wrote back asking for an independent report on the vehicle at my expense under the Motor Industry Code of Practice.

 

They have just responded saying the vehicle has been terminated they do not have to do this and is now at an auction house.

 

They also go on to say

 

In regards to the damages I would like to remind you that in the terms and conditions of your higher purchase agreement and the script you was read before you committed to your voluntary termination

 

you were made fully aware that any damages deemed above fair wear & tear you will be liable to pay for unless you could provide any evidence that would show the damages were either there at the time of purchase or that you are not liable for the damages.

 

You have unfortunately not provided this evidence.

 

Please advise me of what damages you are disputing and I will be more than happy to look over the pictures BCA have provided and see what we can do.

 

Thank you

 

 

 

 

Any suggestions before I go in feet first, Objectively and respectful of course saying "Frac Off"

Edited by dx100uk
Spacing

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I think you are completely reasonable in asking for an independent report. Furthermore I think that you should point out that if it is confirmed that they are over estimating the value of the alleged damage, then they would also have to bear the cost of the report. I think you are being overgenerous in offering to pay for it


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Agreed

but looking at specific reference sources to hit them with

as like many things ends up letter ping pong otherwise.

 

Think personally they have already sold the vehicle and are blagging it

 

It is obvious they are being unreasonable,

Sending an email back putting into their official complaints procedure for a full and final response.

 

The Regulator if necessary.

As we are talking CCA 1974 take it that will be the OFT??

Edited by dx100uk
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Dont tell me....moneybarn?

 

Moved to vehicle finance forum


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Quick update

 

 

Put the complaint as to their official complaints procedure in which just received a final response.

 

 

They upheld my complaint and out of the goodness of their heart have reduced the bill from £600 to £180

 

 

They have neglected yet again my request for an independent inspection. It is obvious they have sold the car already at auction denying my contratual/statutory right. They will find it almost impossible to enforce now. Ex turpi causa non oritur actio.

 

Does the FOS service still charge to investigate complaints on the creditor and how much?

 

 

Comments please people?

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Just bumping this question

 

 

Does the FOS still charge the creditor for investigating complaints and how much??

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Just updating this.

 

 

 

Even after doing a tempate for him referencing the FOS the finance company would not budge

 

 

 

He has now submitted a claim to the FOS

 

 

Will update in due course

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I think it is a £600 fee (or that may be the FCA) If it is then the credit co will be well out of pocket and may yet have to pay you even more

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Just updating as just had a full and final from the Financial Ombudsman

 

They have sided with the Finance Company.

 

My beef was that they sold the car at auction without me having the opportunity to have it independently inspected to refute damage claims with fair wear and tear. They have asked me to sign a form that i accept or reject the decision

 

Response

The car was sold at auction before Mr xxx had complained to xxxxxx Finance -so it was not possible to have the car to be inspected. I am not persuaded that Mr xxx has a contractual or statutory right to have the car independently inspected. And i do not consider XXXXX Finance acted incorrectly in selling the car

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So the question has to be what is the point of having an industry code of practice that means squat in reality?

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the detail is the answer, ther ombudsman is using a statement that you know isnt true as their get out.

go back to the ombudsmand and get them to correct the bit saying it was sold before you complained and ask that this matter is revisited by the ombudsman themself rather than a lower tier clerk

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On 2/5/2019 at 6:22 PM, obiter dictum said:

Just updating as just had a full and final from the Financial Ombudsman

 

They have sided with the Finance Company.

 

My beef was that they sold the car at auction without me having the opportunity to have it independently inspected to refute damage claims with fair wear and tear. They have asked me to sign a form that i accept or reject the decision

 

Response

 

The car was sold at auction before Mr xxx had complained to xxxxxx Finance -so it was not possible to have the car to be inspected. I am not persuaded that Mr xxx has a contractual or statutory right to have the car independently inspected. And i do not consider XXXXX Finance acted incorrectly in selling the car

More than likely that was not a response from an Ombudsman but probably from their first tier representative.  You should now request for it to be escalated to an Ombudsman as you disagree with the decision.  We went through this about 18 months ago and the decision was reversed after insisting that an Ombudsman review the case.

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