Motonovo after 2 years putting a default on credit score after VT

[Toddmiester]

2 years ago I VTd my nissan navara. They took the car and no issues then phoned to say I owed £500 odd pound. They used a debt collection agency who never wrote and always phoned. I insisted they send a letter and I would then reply which never happened. I looked on clear score and it is saying motonovo updating my account next month as in default. Please can you advise as I am going for a mortgage thus year and thus will affect it. Thanks colin

[R0b]

Hello,

Are you able to upload a screenshot of the payment history including the default and whether the account is recorded as active or closed or something else?

A couple of other questions might help to assist:

- Did Motonovo send you any letters like a default notice or invoice for the £500 or was this all claimed to be owed over the phone?

- Have you made a subject access request for all information Motonovo hold about you? If not, that would be the sensible thing to do asap. You should ask in your request for a history of your account such as changes, notes or other comments as well as copies of correspondence sent to you.

- Have you written to them since finding out about it and asked them to remove it?

I'm afraid things like these are not normally resolved very quickly, and from my knowledge Motonovo can be a right royal pain. You can of course go down the formal complaint route to the financial ombudsman or the ICO but they can take quite a while and no guarantee that they will find in your favour. If you want to put Motonovo on the back foot and get any meaningful action, you are better off taking them to court because they will need to defend or accept liability. The choice is yours, however.

There is one step you can take before starting the legal process and that is to exercise your right of objection to them processing your data under the GDPR. This will be on the basis that the agreement was terminated over 2 years ago and they cannot now record you are being in default when the agreement does not legally exist anymore. As it is a legal right, Motonovo would need to respond within one month of receipt either complying with your request or rejecting it and then explaining the basis on which they are processing. You can then use that as evidence if you go down the legal path as they then cannot deny the processing was based on that reason or principle and try to argue something else.

[Toddmiester]

Hi Thank you I never missed any payments and made well over the requested amount on my contract. I will dig out the letters tonight and print if your reply and contact them.

Kind regards

Colin

[Toddmiester]

Re uploaded

[Toddmiester]

Hi I eventually got a reply. They said they sent me an Invoice stating damage but they never.

Here is what they said was damaged should at for images as I dispute this?

Good afternoon Mr Irvine,

Thank you for your email. I can see we sent a letter to you after you handed the vehicle back outlining your liability following the hand back of your vehicle. I’ve attached a copy here. These charges were outlined when you handed the vehicle back as part of the vehicle condition report. To confirm these are:

FRONT SEAT BASE COVER RIGHT, HOLED - £330.46
FRONT WING RIGHT DENT - £210.42

TOTAL = £540.88

[echat11]

Hi I eventually got a reply. They said they sent me an Invoice stating damage but they never.

Here is what they said was damaged should at for images as I dispute this?

Good afternoon XXXXXXXXX

Thank you for your email. I can see we sent a letter to you after you handed the vehicle back outlining your liability following the hand back of your vehicle. I’ve attached a copy here. These charges were outlined when you handed the vehicle back as part of the vehicle condition report. To confirm these are:

FRONT SEAT BASE COVER RIGHT, HOLED - £330.46
FRONT WING RIGHT DENT - £210.42

TOTAL = £540.88

Can you please redact the personal information in the attachment and repost (4).

[Toddmiester]

Hi done

They replied to my request for a copy of the images of the damages. This was the reply.

"Good afternoon Mr !!!

Thank you for your email and for letting us know the items of damage were present at the point of sale. I’ve had a look through the notes on your agreement and can’t see that you brought this to our attention when you took out the finance agreement.

Can you please provide some kind of evidence that the damage was there at the point of sale? If you can send us photographs of this damage at the point of sale then we can review this for you. If you’re unable to provide this then the charges would still stand."

[echat11]

Have a read through the excellent Guide on VT's, really one for Rob.

https://legalbeagles.info/forums/for...on-your-rights