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VT - Finance Company asking for body repair costs 8 MONTHS after I handed it back!

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  • VT - Finance Company asking for body repair costs 8 MONTHS after I handed it back!

    Hi,

    I underwent a Voluntary Termination on a 2nd hand car with my finance company back in January this year, I just had to pay them a little extra which made up to the 50% I owed to terminate the agreement. I handed back the car with all the paperwork, keys etc to an Auction House where I was instructed to and never heard a word since.....

    Just to add though I did sign a little slip they gave me (yes, stupid but I didn't know any different at the time) just to say I'd given them the keys and all the paperwork and the car was in a reasonable condition as per the terms of my agreement........... it's done now there's nothing I can about it.

    Anyway as I said, never heard anything back, UNTIL - A default appears on my credit file relating to the loan. Bit odd I thought, must be an error. So I rang them up, spoke to a chap who didn't really have a clue but said there was £1,150 outstanding relating to repairs to the vehicle. I asked him well if that's so why on earth has it taken you 8 months to tell me about them? As I say he didn't really have a clue - so I then receive a call from his Manager.

    According to her: a) They can default me for these repairs? I think not, as it sits completely separate from the original credit agreement which was terminated and I have their confirmation of that in writing.

    b) When I was asked why I wasn't told about being defaulted or chased for what I apparently owed for 8 MONTHS, her response was it was up to me to "Keep calling in to find out?" HA! Oh and apparently letters were going to customer in the next few days due to a back-log! So I asked her for FULL details of all the repairs including receipts etc

    MAGICALLY the next day I had a letter - which had a copy of that stupid slip I signed and a whole load of photos of the external repairs that were required and a big list of them totaling £806 - and the rest apparently of the £1,100 is the difference of what they didn't make back on the car when it was sold!! Really?? Can they do that??

    So a few things:

    1. These are not receipts of the work that's been carried out, they are estimates.
    2. 2 or 3 of the photos show damage which was not on the car when I dropped it off - Guess what? Yes I took photos which I still have nicely time and date stamped.
    3. I don't know when they took these photos? There was no date on them or the estimate. Apparently they didn't sell the car until June either. I don't know what they've been doing with it for 8 months? Reversed it into a wall by the looks of the bumper.
    4. This is a 10 yr old car, condition was average maybe one small dent, very few scratches, fully serviced and maintained, tonnes of new parts, I fitted a £200 aftermarket touch screen stereo as well.

    So I'm thinking:

    1. I write and tell them to remove the default or I go to the Ombudsman
    2. I incorporate one of the post-VT letter templates I can see on here RE the damage

    Your thoughts on this and advice would be greatly appreciated.

    Thanks,

    Axle


    Tags: None

  • #2
    I'm sure R0b will look in later/tmw - for now this was a FOS decision someone received on similar issues yesterday which may help a little http://legalbeagles.info/forums/foru...73#post1426973

    about the damage but it didn't seem to mention the credit file markers. Good that you have the photographs.

    It is crazy that you heard nothing for eight months and only knew because of your credit file being marked ... presumably you haven't moved - they just haven't informed you ... what date is the default given as ? - that will obviously need challenging as these companies seem to be using the CRAs to hold customer hostage following VT.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      I know it's crazy isn't it? I said to her well how long were you going to leave it before you contacted me?! No I've not moved and they have my correct address on file. Default appeared in August.

      Just out of interest I did a search on the DVLA and the vehicle is currently SORN with no MOT. Presumably sat around at a dealers waiting to be sold... I don't know...

      Thanks for your help and I'll wait to hear from #R0b

      Comment


      • #4
        Sounds like the car was sold at auction then and yes, likely sitting on a forecourt somewhere. If the bill includes shortfall from the sale ( which isn't owed anyway) they couldn't have invoiced you for it until after the sale in June - it's like they've put a default on for non payment of a 30 day invoice that was never sent. Any late payment markers leading up to the Default ?
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Yes Equifax shows every month missed leading up to default in July. CallCredit says late payment in Feb, then shows inactive until July and August where it suddenly defaults. Not sure about Experian as I refuse to pay them £15 a month for a detailed credit report when I can get it free with the other 2 lol!

          thanks

          Comment


          • #6
            MSE credit club for free Experian report xx

            What do the amounts show as ( if anything )?

            btw as well as Mse credit club for Experian, clearscore is Equifax - Noddle is callcredit
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Ah MSE! Thanks

              Mixed, Clearscore shows the £1,150 every month, whereas MSE shows what I would have owed on the car had I not VT'd it (7 thousand and something). Noddle just says missed with no values.

              Comment


              • #8
                Another thread to have a look at re damage etc http://legalbeagles.info/forums/foru...79#post1426579
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment

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