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Marsh Finance Damage dispute

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  • Marsh Finance Damage dispute

    Good Morning all.

    I have recently handed my car back to Marsh Finance under a VT. I had one payment to make at the point of VT and now this has been made.

    BCA collected the car and made all his usual checks on the vehicle and had me sign his ipad with a list of defects which i disputed at that point. His totals amounted to around £547.00. I followed the vehicle though BCA livingstons online account but I don't know what the car sold for. I know the damages have not been completed before sale as I have a copy of the report from BCA.

    The car sold on 07.08.19 from BCA Livingston. A few days ago a received a statement from Marsh Finance about my agreement, some sort of annual statement. I called and queried this then they told me there was a letter of invoice for £357.00. I have told the that I do not have this letter either by physical post or by email. I have now tried to dispute the damages saying that one is a manufacturing defect and the others were there at point of sale when i bought it (i worked for the company i bought the car from and a long story short, I wish i didn't). Marsh have come back to me and stated that the charges will still be applicable to myself. At this point i have said i will pay for one of the repairs to the car which equated to £159.00 and as a monthly installment but wholly dispute the damages. I had been sent via email pictures of damages and one of them was not from my car. I had also been told that i would of been offered a BVRLA booklet which i am also disputing as i don't believe i did.

    Below is the full email correspondence with no names mentioned....

    Thank You for your email which I can confirm I have received.



    After looking over your dispute and the pictures and appraisal provided by BCA. I have also attached copies of the following with in this email. Here is my outcome.



    The damage cost of £357.91 will remain as the damages on the vehicle are considered to be above fair wear and tear.



    On the day you committed to your voluntary termination you were made aware that any damages on the vehicle deemed above fair wear and tear you would be liable for unless you could provide any evidence that would show you are either not responsible for the damages or that the damages were present at the time of purchase. You have been unable to provide me with such evidence.



    I would also like to refer you to the terms and conditions of your higher purchase agreement where it clearly states the above.



    You would of also been offered a BVRLA booklet on he day you committed to your VT at your request. This would of helped you familiarize yourself with what we deem above fair wear and tear. I have attached copy for your convenience.



    In regards to the outstanding balance of £357.91 please contact me at the office on 0*********** to arrange a affordable payment plan.

    MY RESPONSE


    Hello

    Thank you for the response.

    Firstly the photo of the alloy is not from that vehicle.

    Secondly, I will NOT pay for damage that was already on the vehicle prior to sale as I do not believe that this has been rectified upon you selling the car at an auction.

    I will however pay for the bonnet paint using a monthly payment plan which totalled £159.00.

    I will also send off my terms and conditions that were sent to my email upon commencement of this finance agreement that may of been sent from ZUTO so the quality of the paperwork can be viewed from a customers perspective.

    The chip on the rear bumper can be touched in, in which would usually happen in a dealership. The headlight mark can be machine polished out like I have had to endure since purchase of this vehicle.

    I have not received any further information or reply from Marsh in regards to my Voluntary Termination either by E-Mail or in writing to my address. I have also still not received any final invoice from Marsh. I was also told on a separate occasion that once my final payment had been paid I would not have anything else to pay (18.06.2019 or 27.06.2019). Please can this be checked.

    AND THE FURTHER RESPONSE FROM MARSH.....

    Thank you for your email.



    I understand the terms and conditions are very hard to read however you would have been asked to read them before you signed for your vehicle at the beginning of your agreement. This is your responsibility to do so.



    I have advised you the damage cost will remain as the damages are above fair wear and tear as per the BVRLA booklet Guidelines I have provided in my previous email.



    We will not be providing evidence in regards to repairs to the vehicle as the vehicle is sold as seen. This means we do not repair the vehicle but we charge for what we would of made a loss of at auction.



    Thank you


    Please could anyone assist in what direction i can go with this. I don't have £357.91 as this would put me in a worse financial situation that i am already in.

    Really Appreciate it!

    David
    Tags: None

  • #2
    Hello David,

    Like many people who post on here, there is no magic cure to resolving this. You either pay up or you refute it.

    The onus is on Marsh to prove the damage was caused whilst in your possession.

    Suggest you do a search of the forum as the question has been raised on a daily basis.
    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
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    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.

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