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Dispute with Secure trust/Moneyway for Excessive "damages"

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  • Dispute with Secure trust/Moneyway for Excessive "damages"

    Hi Guys,

    I VT'd my vehicle earlier this month and the car was collected by a third party agent. They inspected the vehicle and told me I would be charged £365 for damages. obviously I refused to sign anything and advised that I disputed these charges.

    I have sent the very helpful template letter already disputing these excessive damage charges, as all of them are light scratches or stone chips on a now ten-year-old car, of which most if not all were present at the time of purchase just over two years ago, and notwithstanding this amount to fair wear and tear.

    There is also a charge of £170 for missing service history. I'm especially angry about this, as I had an afternoon appointment arranged with the agent to collect the car, and he called the night before asking if he could come a little earlier. I agreed, and he turned up first thing in the morning, so I gathered up all the paperwork pertaining to the vehicle that I could find, although there were two servicing receipts I couldn't find (I've not long moved home and things aren't as organized as I would like). I explained this to him, and gave him what I had as he would not wait.

    I've subsequently found the receipts, but Moneyway don't want them. I've read my original contract and the only thing it states is that all tests required by law needed to be carried out, eg MOT so it shouldn't matter either way?

    It's galling as the car was NAMA grade 1 by the agent, and grade 2 by the auction house that sold it on behalf of the finance companies, which as i understand it is better than reasonable, this on top of the many warranty claims and repairs I had to do within the first six months of owning the car its probably in better condition than when I purchased it. the car was immaculately kept, valeted often and serviced /repaired when needed.

    I've paid £276 ish over the 50% of the total amount, and have mentioned this in my template which has gone to their resolution team after a fruitless phone call with them this afternoon.

    I'd just like some advice as to what the next steps are, Moneyway have already sent me a "notice of default sums" letter, which arrived this morning alongside the inspection report bill. I'm very worried about negative impacts on my credit rating.
    Tags: None

  • #2
    End of contract charges are subjective so there is no magic method of resolving these types of disputes. It is simply a case of either you continue to dispute the alleged debt or you pay up. Of course the side effect of disputing the case is that they might mark your credit file with a negative marker, in which case the ball sits squarely in your court as to whether you want to sue Moneway for breach of data protection for recording inaccurate data on your credit file i.e. the contract has already terminated so no further markers should be added.

    If you are worried about your credit file and you don't want to take on the risk of pursuing a claim, I would suggest you pay the amount they're asking from you.
    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.

    Comment


    • #3
      Thanks Rob,

      I know you spend a great deal of time helping people in my position and I'm grateful for your advice. I'm going to hang fire for a moment and see what the resolution team say to the letter I've sent so far, and I suppose I'll decide what to do at that point.

      Comment


      • #4
        Just bear in mind that waiting for the resolution team to respond is unlikely to stop any negative marker being applied. Their systems are automated so likely that if not payment received by the required date it will move to the next step of reporting the balance if that's how they choose.
        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
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        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.

        Comment

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