VT - collection charge help needed

[Bobbins]

Hello,

I've just voluntary terminated my car with startline and sent in one of the letter templates to confirm this and also advise that the car needs collecting within 14 days and I won't be held liable for their collection charges.

Startline have advised that they can arrange collection but there is a fee of £180ish to be paid upfront or added onto final costs.

I've told them it falls outside my liabilities under section 100, they have said its in my contract that I signed when I took out the car. I gave it my best shot at arguing that it is imposing additional liabilities on me and that they can't do that under section 173 however they have said that it isn't a charge for cancelling contract or penalty and so that section 100 and 173 don't apply.

I've logged a complaint about this but I'm not hopeful. Are they correct, are these charges enforceable? Also if I want to dispute this how best do I proceed, do I arrange for them to take the vehicle with the charges in dispute or do I delay until we get an agreement on this?

[R0b]

Hello did they tell you this over the phone, or have they put it in writing? If it is in writing, please upload the responses with your personal info redacted.

Collection charges are likely to fall into the "compensation" category under the definition of total price or, should you refuse to pay up, they would fall into the damages for breach of the agreement. Either way, the collection charges don't form part of the total amount payable under the agreement, so they wouldn't fall within the meaning of total price.

[Bobbins]

This was over the phone. Sorry to be dumb, but does that mean that I probably am liable and should pay or that I wouldn't normally expect to pay?

[R0b]

I suggest you read section 5 of the following link which sets out the legal provisions. The short answer is no you are not liable but whether you choose to pay them is entirely your decision.

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

[Bobbins]

Thanks, I'll stick to my guns and see what their response is.

[Bobbins]

So just an update, I have decided to drop the car off at the auction house as it is right next to the Trafford Centre where we are going anyway this week. I've been told it's a 90 minute slot to drop off the car and have it appraised, I don't intend on signing anything, I'll let you all know ow how it goes