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Voluntary Termination - Vauxhall Finance Damage Charges
Hi all,
I’ve used Rob’s templates and advice on this forum to help me VT a PCP for a Vauxhall Corsa which have been really helpful (thank you so much for this!). Unfortunately, we’ve now come to a bit of a roadblock in relation to some outstanding damage/collection charges and I’m not sure how to proceed from here. The outstanding charges that Vauxhall Finance claim that I am liable for aren’t earth shattering (£233), but I genuinely feel that they are unfair and therefore want to continue to fight them. I’ve outlined the events below, attached some of the email chains and the inspection report, but I don’t have a copy of the original T&Cs of the agreement ☹.
If anyone could help/advise it would be greatly appreciated!
Thanks in advance.
Liz
Event Timeline
16/11/20: Notification of voluntary termination sent via email.
Email response from Vauxhall advising that, by replying to their email confirming VT, that I agree to Vauxhall Finance’s additional T&Cs.
Phone call to Vauxhall Finance VT team, requesting information on how to proceed without agreeing the T&Cs outlined in the email. Advised I would have reply to email to start process, but to respond and state explicitly that I do not agree to T&Cs.
Email sent to VT team to confirm the Voluntary Termination, that I had read the attached documents, did not agree to T&Cs, have completed a CAP assessment, refuse to pay for collection. Advised that car was kept in a safe place and ready for collection at their earliest convenience (email chain attached).
17/11/20: Phoned VT team to confirm the receipt of my email.
Received email from VT team asking to confirm whether I would deliver vehicle to an auction house or request collection at the cost of £100.
Responded to email restating that the vehicle was available for collection and that I did not agree to pay any fees associated (did not receive response to this email).
25/11/20: Call from auction house (Aston Barclay) stating that they had been instructed by Vauxhall to collect car, advised car was available whenever convenient.
27/11/20: Car collected by DMN Logistics, initial report for the inspection emailed to me after pushing for it to be sent (initially advised that they did not have the means to show me the report). On opening, could see that the report had been signed with my name, stating ‘client agrees with report’.
Phoned logistics employee to challenge and ask for the report to be amended as it had not been discussed, agreed or signed by me. Followed this up with email to DMN Logistics stating the above (received no reply).
16/12/20: Email from Vauxhall Finance Recoveries Dept stating that there was an outstanding balance of £685 on my account (£585 damage liability, £100 collection fee). Blank salvage form attached, no further breakdown of liabilities.
Responded to email requesting itemised bill and supporting evidence. Restated position on not accepting liability for collection fee.
17/12/20: Email reply stating collection was a service provided so fee was applicable. Inspection report attached, outlining charges of £345 for damage outside of reasonable wear and tear, as per assessment to BVRLA standard, as per T&Cs (report attached).
Agent advised in the email that they had removed some of the charges and that £334 was now outstanding (£234 damage, £100 collection fee)
Replied advising liability denied, CAP assessment complete and rated as ‘Good’, car 4,000 under agreed mileage limit and circa £1000 above the 50% of agreement paid.
22/12/20: Receive email from Vauxhall Finance Complaints dept stating damage charges now amount to £133 as further charges have been removed, collection fee remains (£100) and therefore outstanding balance was now £233, which was their final stance as they have lost £1000 on the vehicle.
06/01/21: Responded to email disputing all charges, advising that CAP assessment more appropriate when considering reasonable wear and tear under CCA 1974 and that liability was limited to 50% as per VT in relation to collection charges.
07/01/21: Response from Vauxhall: No change on position and charges levied correctly as they are under no obligation to provide collection service for free. Advised that, despite explicitly not agreeing to VT Terms, I had agreed to return the vehicle, so terminations process becomes applicable. Also advised that 3rd party debt collectors would be instructions if payment wasn’t made.
26/01/21: I responded, clarifying that I felt the car was returned in reasonable condition and was still not liable for charges levied. Stated that despite this and in the spirit of resolution, that I was willing to pay for 2 of the charges amounting to £83, with the agreement that upon receipt, the case would be closed, and credit file not impacted.
Response from Vauxhall: No change in position
I’ve used Rob’s templates and advice on this forum to help me VT a PCP for a Vauxhall Corsa which have been really helpful (thank you so much for this!). Unfortunately, we’ve now come to a bit of a roadblock in relation to some outstanding damage/collection charges and I’m not sure how to proceed from here. The outstanding charges that Vauxhall Finance claim that I am liable for aren’t earth shattering (£233), but I genuinely feel that they are unfair and therefore want to continue to fight them. I’ve outlined the events below, attached some of the email chains and the inspection report, but I don’t have a copy of the original T&Cs of the agreement ☹.
If anyone could help/advise it would be greatly appreciated!
Thanks in advance.
Liz
Event Timeline
16/11/20: Notification of voluntary termination sent via email.
Email response from Vauxhall advising that, by replying to their email confirming VT, that I agree to Vauxhall Finance’s additional T&Cs.
Phone call to Vauxhall Finance VT team, requesting information on how to proceed without agreeing the T&Cs outlined in the email. Advised I would have reply to email to start process, but to respond and state explicitly that I do not agree to T&Cs.
Email sent to VT team to confirm the Voluntary Termination, that I had read the attached documents, did not agree to T&Cs, have completed a CAP assessment, refuse to pay for collection. Advised that car was kept in a safe place and ready for collection at their earliest convenience (email chain attached).
17/11/20: Phoned VT team to confirm the receipt of my email.
Received email from VT team asking to confirm whether I would deliver vehicle to an auction house or request collection at the cost of £100.
Responded to email restating that the vehicle was available for collection and that I did not agree to pay any fees associated (did not receive response to this email).
25/11/20: Call from auction house (Aston Barclay) stating that they had been instructed by Vauxhall to collect car, advised car was available whenever convenient.
27/11/20: Car collected by DMN Logistics, initial report for the inspection emailed to me after pushing for it to be sent (initially advised that they did not have the means to show me the report). On opening, could see that the report had been signed with my name, stating ‘client agrees with report’.
Phoned logistics employee to challenge and ask for the report to be amended as it had not been discussed, agreed or signed by me. Followed this up with email to DMN Logistics stating the above (received no reply).
16/12/20: Email from Vauxhall Finance Recoveries Dept stating that there was an outstanding balance of £685 on my account (£585 damage liability, £100 collection fee). Blank salvage form attached, no further breakdown of liabilities.
Responded to email requesting itemised bill and supporting evidence. Restated position on not accepting liability for collection fee.
17/12/20: Email reply stating collection was a service provided so fee was applicable. Inspection report attached, outlining charges of £345 for damage outside of reasonable wear and tear, as per assessment to BVRLA standard, as per T&Cs (report attached).
Agent advised in the email that they had removed some of the charges and that £334 was now outstanding (£234 damage, £100 collection fee)
Replied advising liability denied, CAP assessment complete and rated as ‘Good’, car 4,000 under agreed mileage limit and circa £1000 above the 50% of agreement paid.
22/12/20: Receive email from Vauxhall Finance Complaints dept stating damage charges now amount to £133 as further charges have been removed, collection fee remains (£100) and therefore outstanding balance was now £233, which was their final stance as they have lost £1000 on the vehicle.
06/01/21: Responded to email disputing all charges, advising that CAP assessment more appropriate when considering reasonable wear and tear under CCA 1974 and that liability was limited to 50% as per VT in relation to collection charges.
07/01/21: Response from Vauxhall: No change on position and charges levied correctly as they are under no obligation to provide collection service for free. Advised that, despite explicitly not agreeing to VT Terms, I had agreed to return the vehicle, so terminations process becomes applicable. Also advised that 3rd party debt collectors would be instructions if payment wasn’t made.
26/01/21: I responded, clarifying that I felt the car was returned in reasonable condition and was still not liable for charges levied. Stated that despite this and in the spirit of resolution, that I was willing to pay for 2 of the charges amounting to £83, with the agreement that upon receipt, the case would be closed, and credit file not impacted.
Response from Vauxhall: No change in position
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