• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Voluntary Termination with Startline Motor Finance 25/10/2016

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Re: Voluntary Termination with Startline Motor Finance 25/10/2016

    Hi [MENTION=71570]R0b[/MENTION] got a letter sent to me with the inspection report attached:

    They are claiming a balance of £194 for the following:

    1. Exterior soiled - valet £50
    (Car was cleaned and polished before handing it back) they can't claim for a valet surely?

    2. Scratch to rear door panel £42 (I would put that down to fair wear and tear)

    3. Rear bumper scratch £102 (now I scratched it and it is pretty noticeable, unsure if it could be put under fair wear and tear) - I've attached photo of scratch to see what you think.

    I mean I'm certainly not paying for the valet or the door scratch totalling £92.

    Any help?

    Thanks,

    Nathan

    Comment


    • #17
      Re: Voluntary Termination with Startline Motor Finance 25/10/2016

      Hey [MENTION=92283]weenatfergy[/MENTION],

      Noticed [MENTION=71570]R0b[/MENTION] hasn't been on to give you any update, I'm no expert by any stretch, but I know when dealing with mine he'd said that if you haven't signed a condition report then I don't think they can invoice you for that?
      Also worth searching your car on their website, chances are they've sold it already as seen - they did that with mine.

      I wish you nothing but luck on this, my own saga is getting beyond a joke with Startline and I'm still waiting on a complaint reply and have contacted FOS as well.

      Such a horrible experience to carry out your legal right!

      Comment


      • #18
        Re: Voluntary Termination with Startline Motor Finance 25/10/2016

        Originally posted by weenatfergy View Post
        Hi @R0b got a letter sent to me with the inspection report attached:

        They are claiming a balance of £194 for the following:

        1. Exterior soiled - valet £50
        (Car was cleaned and polished before handing it back) they can't claim for a valet surely?

        2. Scratch to rear door panel £42 (I would put that down to fair wear and tear)

        3. Rear bumper scratch £102 (now I scratched it and it is pretty noticeable, unsure if it could be put under fair wear and tear) - I've attached photo of scratch to see what you think.

        I mean I'm certainly not paying for the valet or the door scratch totalling £92.

        Any help?

        Thanks,

        Nathan

        Sorry for the delay, first thing's first, by law, they would need to prove that the damage was caused whilst in your possession and if they can't do that, then they would have no right to claim it. Public consumers are afraid and don't want to go to court so the other option they do is settle.

        It is up to you which route to go by, you could reject any other damage but offer in full and final settlement by paying the bumper scratch. They may just accept it.

        Or you can reject the lot and then put the onus of proof on them to prove it.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment


        • #19
          Re: Voluntary Termination with Startline Motor Finance 25/10/2016

          Originally posted by R0b View Post
          Sounds like you have everything in order, just remember you are not obliged to sign any documentation from Manheim.

          I don't think I have come across Startline Finance on here before so I wouldn't know what to expect but the experience received from other finance companies, I wouldn't expect anything less than claiming for potential car damage and/or excess mileage.
          I am just in the process of having the very same conversations with Startline - not making it easy for me. How did your situaion resolve?

          Comment


          • #20
            Re: Voluntary Termination with Startline Motor Finance 25/10/2016

            Hey [MENTION=71570]R0b[/MENTION] [MENTION=95685]thegolddon[/MENTION] [MENTION=91066]brody77[/MENTION]

            Sorry for not being on in a while. Thanks for your reply rob. I did just that after I originally posted up here. I disputed charges but offered to pay for the bumper scratch.

            The got back to me and in summary the have looked into the case and have waived all charges as full and final settlement. (See attached letter from startline)

            So great result.

            I will of course phone them in a months time and check the status of my account. I did receive a late payment notice and when I contacted I was told to ignore so I will wait and see what happens.

            Thanks very much for your help.

            Nathan
            Attached Files

            Comment


            • #21
              Re: Voluntary Termination with Startline Motor Finance 25/10/2016

              Hey [MENTION=92283]weenatfergy[/MENTION], just curious - did the complaints dept respond via recorded delivery, or just regular post?
              It's now been over 6 weeks with no response to my complaint about the VT.
              Only thing I'd say regarding your last update - I was also told to ignore the first reminder letter & they ended up messing me about bigtime, so keep a very close eye on it.

              Comment


              • #22
                Re: Voluntary Termination with Startline Motor Finance 25/10/2016

                [MENTION=91066]brody77[/MENTION] I think they sent it either 1st or even 2nd class post!

                Have you heard anything form them?

                I phoned them a few days ago to check the status of my account and they confirmed that the account is now settled and should expect a letter within 28 days to confirm that the account is closed. They like to drag their heels.

                Hopefully you have received a response.

                Let me know.

                Nathan

                Comment


                • #23
                  Re: Voluntary Termination with Startline Motor Finance 25/10/2016

                  Morning Nathan!

                  That's great yours is sounding like it's almost resolved, really pleased for you!

                  Sadly, I haven't heard a thing from them since my complaint acknowledgement on 19th November!
                  It's now in the hands of the ombudsman.

                  Ended up in the hospital for tests & everything due to the stress & anxiety.
                  Fingers crossed it gets resolved soon.

                  Comment


                  • #24
                    Start line have terminated my agreement after missing a payment. They sent a debt collector to repossess the car I paid the payment and have set up a payment plan for the arrears. In October 2018 I’ll be 50%. They’re saying I can’t VT due to them already doing so. Where do I stand??

                    Comment


                    • #25
                      You cannot VT if Startline have already terminated the agreement - think about it, how can you terminate an agreement that is already terminated?!

                      The question is whether Startline have terminated the agreement correctly. Did you receive a default notice before the agreement terminated and if so, did you ignore it or did you engage with Startline to come to an arrangement?
                      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                      - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                      LEGAL DISCLAIMER
                      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                      Comment


                      • #26
                        Ok that makes sense it’s been ongoing since jan, apparently they served my notice which I can’t remember seeing and I challenged this. They sent a collection agency to collect the car without any warning, at that point we were less than a third of the way through. We paid a fee to get rid of them And I rang start line to arrange a pp. we are over a third way and they now need a court order to re posess if I stop paying for example. But if they have terminated already why do they need one?have been paying this pp ever since. But my worry is where do I stand in getting rid of the car or what can I do?

                        Comment


                        • #27
                          And also why allow us to carry on payin and keep the vehicle with arrears of £332, (hence the pp) I don’t understand why they would do this?

                          Comment


                          • #28
                            I think you will need to work through all of this in a logical fashion and a timeline of events might be useful to understand your current position because there seem to be gaps in your history and you've not explained what your arrears were in January, how much you paid the debt collector and when the default notice was allegedly served on you.

                            As you have only given us limited information, its difficult to offer you any real help. As above, a timeline of events leading up to the present date will assist in working out your options.

                            That being said, if Startline did in fact serve a default notice on you and that default notice said something along the lines of a failure to pay by X date means the agreement will be terminated ..." then all rights under the agreement then fall away and are indebted to them for the outstanding balance. That means, there is no protection for 1/3 of the price paid, there is no right to VT and there is no right to hand the car back at the end of the term instead of paying the balloon payment because remember, the agreement has ended.

                            It seems to me what you have instead is a mutual arrangement with Startline for use of the car whilst you are paying back the debt. Strictly speaking they could ask for the return of the car or collect it without giving any reason and you have no right to stop them. Otherwise they would have a right to issue legal proceedings against you to deliver up the car or damages to the equivalent of the car's market value. Equally, Startline cannot enforce their rights as to any additional charges under the agreement (subject to what the terms actually state) such as excess mileage but they can charge you for damage beyond reasonable wear and tear. This is because you have a duty to look after the car in a reasonable condition whilst it is in your possession.

                            You may not wish to rock the boat too much if you still have use of the car and require its use for the foreseeable future. Just thank yourself that they haven't commenced legal proceedings yet for breach of contract or you would have to deal with having a county court judgment on your file for the next 6 years.
                            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                            LEGAL DISCLAIMER
                            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                            Comment


                            • #29
                              Hi,

                              This site has been really helpful in the process of VT on my car. Everything has gone smoothly until now and i am after some advice please.

                              We handed the car back on 28th aug, the car was collected and we have heard nothing from startline motors since the car was collect. I have documented everything including dated photos, pics of keys, letters, copy of registered keeper notification slip etc.
                              We have today received a letter from link financial services asking to collect a debt instructed by startline for £490.
                              We have no clue what this is for and when i called startline they said the account was closed and i had to speak with the collector company.
                              We never recieved a damage report or anything from startline regarding the car until the debt collection letter today.

                              Can anyone please advise me on where i stand with this please?

                              Thank you

                              Comment


                              • #30
                                Originally posted by Hurt2017 View Post
                                Hi,

                                This site has been really helpful in the process of VT on my car. Everything has gone smoothly until now and i am after some advice please.

                                We handed the car back on 28th aug, the car was collected and we have heard nothing from startline motors since the car was collect. I have documented everything including dated photos, pics of keys, letters, copy of registered keeper notification slip etc.
                                We have today received a letter from link financial services asking to collect a debt instructed by startline for £490.
                                We have no clue what this is for and when i called startline they said the account was closed and i had to speak with the collector company.
                                We never recieved a damage report or anything from startline regarding the car until the debt collection letter today.

                                Can anyone please advise me on where i stand with this please?

                                Thank you
                                I think firstly you need to establish what the debt is for. If its excess mileage then it can be dealt with, if its damage then with your evidence you should be able to show that you took reasonable care of the vehicle.

                                You dont have to return the car in showroom condition, the law requires reasonable care to be taken, that is all.

                                Id suggest that you should liaise with Link first to find out what the debt is for, afterall they cant just demand money without substantiating why
                                I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                                If you need to contact me please email me on Pt@roachpittis.co.uk .

                                I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                                You can also follow my blog on consumer credit here.

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                                Working...
                                X