VT Motonovo Finance and Crystal Collections

[Rie]

I am brand new to this forum so apologies in advance if I'm in the wrong place.

I had a HP agreement with Motonovo for a Kia Stonic. I have VT'd it and the collection was today. I had it valeted and ready for them.
The collection company was Crystal Collections and it was explained to me by the man who came to collect that he would give the car a once over and take some photos on his phone. He also asked if I was OK with the conversation being recorded - thought this was a bit strange but agreed. I assumed that maybe the phone records audio as he was going around the car.
He then said he needed to report the alloys to the finance company. I said that's fine as long as he was truthful that they weren't damaged but the paintwork was defected and had peeled and bubbled in some places. It is an older car and he agreed that this was usual for the age of the vehicle and how they used to be painted. (Also mentioned something about them not being diamond cut).

I was then asked to sign a box on the phone screen but there was nothing else on it. My belief was that I was signing for the collection of the car. He then kept saying that Motonovo decide on any damages and that the car will be auctioned and they will charge me costs.
My understanding from that HP agreements is that once the agreement is paid up to the halfway point and there are no damages then nothing else is owed.

I have just checked my emails and he has stated that all 4 alloys are damaged and will cost £45 each and and £80 for a repaint of the front bumper.
I have my own photographs of the car in some detail and including all alloys.
I may be jumping the gun but I am now concerned that £215 of work has been added on and I'm wondering where I stand challenging this.
Has anybody had this experience with either company and these issues?

Thank you in advance

[echat11]

Hi RIE

Welcome to LB.

It's good that you've got your own evidence as to the condition of the car.

Raise a complaint, follow the complaints procedure on their website.

They know that some consumers will just pay up and not 'challenge' it.

Here's a letter that you can send.

https://legalbeagles.info/forums/for...tter-templates

https://legalbeagles.info/forums/for...on-your-rights

[HariSeldon]

I was then asked to sign a box on the phone screen but there was nothing else on it. My belief was that I was signing for the collection of the car.

It's a shame that you didn't research the VT process before the car was collected. The golden rule is do not sign anything from the finance/collection company unless you are 100% certain what you are agreeing to and to be honest even then I wouldn't sign and haven't in the past.

Voluntary Termination is a statutory right; despite what the finance company may tell you, your only obligation is to give them notice of your intention to VT and to have taken reasonable care of the vehicle. They may tell you that you have to sign a VT form and/or collection paperwork and that you have to pay for excess mileage and damage but it's simply not true unless the damage/mileage was unreasonable for the age of the car.

The problem is that you may have unwittingly signed an agreement outside of your statutory protections where you have agreed to pay for the damaged alloys and may now have a fight on your hands to undo that.

In your shoes, if you are asked to pay for the damage, I would reply that the condition of the alloys/bumper was reasonable for the age of the car and therefore under your Consumer Credit Act 1974 statutory rights you are not liable for any other sums. I would also remind them that their collection agent agreed that the damage was reasonable and that the conversation was recorded (and ask them to ensure the recording is preserved should the evidence be required for any reason in the future.)

They may well huff and puff and use increasingly alarmist language but just rinse and repeat with simple factual replies that you took reasonable care of the vehicle and are not liable for any further amounts. In 99.9% of cases they will eventually back down and waive the costs as a 'gesture of goodwill'. In the very unlikely event they issue an actual Letter Before Action then come back here for further advice.