voluntary termination query

[Matteo92]

Hi

I recently exercised voluntary termination on a hire purchase agreement that I had taken out with Moneyway/Secure Trust Bank for a used car I bought two and a half years ago. I had a poor credit rating when I took out the agreement, thus the interest and monthly repayments were more expensive than average not to mention paying for repairs as the vehicle was out of warranty. I have since been able to lease a brand new vehicle for substantially less per month, hence the VT.

One week ago they sent their agent Wilsons (Auctions) to collect the vehicle. The agent called and took the V5C, MOT Certificate, and both keys. I asked him is he inspecting the vehicle (as per the letter acknowledging the VT that Moneyway had sent) he said no, he just needs the keys, and for me sign the V5C and the collection docket and thats it all done.

I signed the documents and off he went, no copy of the collection docket was given to me.

Today I received a letter from Moneyway, with a copy of the Wilsons inspection report attached, highlighting scuffed alloys, a few dents and scratches, with a cost or repairs totalling £200 + £40 VAT

The letter was as follows:

"An inspection report on vehicle XXXXXX is enclosed

Please be advised that we will not be adding the following charges on to your account as we consider these to be general wear and tear

Please contact us on XXX within the next 14 days, so we can discuss your options. We will make sure that any payment plan we agree is both affordable and fair. Our team is available etc etc etc and our automated payment line is available 24 hours a day 7 days a week"

The damage noted on the inspection report is the following:

Wheel osf scratched £40 refinish
Wheel nsf scratched £40 refinish
Bumper rear scratched £40 other repair
Door nsf dented £20 paintless smart dent repair
Qtr panel nsr dented £20 paintless smart dent repair
Bonnet stone chipped £0.00 (for reference only)
wheel nsr scratched £40 refinish
VAT £40

Total £240

My question is, from anybodys interpretation or experience do they want me to pay this £240 or not ? As they say they consider the damage to be general wear and tear, which isn't chargeable, but on the other hand they are asking me to contact them to make payment or arrange a payment plan.

Could anybody shed some light on this on where I stand legally should they try and pursue me ? As I understand these 'repairs' are not actually carried out and they are payable as they are what Moneyway would be loosing due to the damage being present, which we all know is a load of old rubbish as the vehicles are always sold at auction were the selling price is never known until the auction is over.

Any help would be appreciated
Thanks
Matthew

[Laticsforlife]

I think they are saying they are NOT asking you to pay, although I agree it's poorly worded.

My daughter had a far better worded one, that also had the costs involved, then saying, we are not asking you to pay these (pretty clear) - was it vastly under mileage for it's age, hence the £240 could be offset by lower mileage and the value is the same or better?

However you don't say if the list of charges immediately follows the para that says "the following".

[R0b]

The link below answers all of your questions

http://legalbeagles.info/forums/foru...on-your-rights

[Roops]

HI there
i am looking at VT my Nissan on PCP. However, my mileage is around 110k on a 12,000/year agreement. Also,my check engine light is on as well, as a few rust marks on the roof. That seems a manufacturer issue, but when i approached Nissan about it, the claimed it was wear and tear on the car!!!

However, i have already paid 51% of the cars total value back. The car i bought was brand new, and when the check engine light came on, it had just recently come back from service with Nissan directly , but as the mileage was out of the 60k warranty mileage, i was told i had to pay for the full repairs!

The bonnet has quite a number of marks on it, but how about the check engine light, will that be part of unreasonable care??? With excess mileage, would this difference be a massive problem??