Should Vauxhall finance use BVRLA guidelines on a car that is nearly 8 years old.

[Jamie e s]

I have been in dispute with Vaux Finance after I VT the car, the vehicle was 5 years old when I purchased it, I had it for 2 and half years, it wasn't a lease car so mileage isn't an issue, VF wanted nearly £1700 in perceived damage charges, I paid £300 to cover a dent near the roof, and went to the financial ombudsman. The ombudsman has ruled in their favour quoting mileage to me on the phone, he said under BVRLA guidelines I am liable, should a car that is nearly 8 years old be subjected to this type of inspection.

I want to appeal, any advice please guys.

Thanks in advance

[R0b]

Hello,

Did the FOS give a reason why you were liable? The onus is on Vauxhall to prove the damage is was caused whilst in your possession and any clause that seeks to hold you responsible for damage repairs prior to you taking possession would be inherently unfair and pretty sure it wouldn't pass the rules on unfair contract terms.

I find the BVRLA guidelines are too stringent particularly for a car that is 8 years old. How you can appeal (what I assume to be the investigator's decision rather than the final ruling) depends on what the reasons were for finding in favour of Vauxhall in the first place.

You do not have to accept the FOS decision at all and see whether Vauxhall take further action e.g. going to court. If you do accept the FOS decision then you are legally bound by that acceptance and you cannot try to get out of it at a later stage.

[Jamie e s]

Thanks very much for this

[Jamie e s]

letter from Ombuds.pdf Further to the posts above, I have received t a letter from the ombudsman and he has backed Vauxhalls, I think its unfair, I am not really in a financial situation to go to court, but will loan the money to do so if you guys think it may be worth my while, please can you advise.

Thanks in advance letter from Ombuds.pdf

[Jamie e s]

Hi, please see letter above from FOS, anyone on here think its worth my while fighting this, don't know what to do, not really in a position to pay, but also not in a position to fight it.

Thanks

[R0b]

Whether you want to fight it is up to you. I don't know what you said in your complaint but as the Ombudsman has made clear, they are not bound by the rules of evidence like a court setting (although they are bound to consider the relevant law and guidance but if they deviate, then they must give sufficient reasons for doing so).

Normally one of three things tend happen. Either the lender will continue to chase you for the payment and refusal or ignorance will result in the lender recording late payments or default markers on your credit file. At this point you have a right to pursue a claim against the lender for breach of data protection by recording inaccurate information leading to your credit file being damaged.

The other option is that the lender will not do any of the above but issue legal proceedings to try and recover the alleged damage caused. I've never seen that happen to date but it is a possibility.

The final option is that lenders will huff and puff but ultimately do bugger all and everyone moves on with their lives.

If I were in your shoes I would continue to challenge it but I am confident enough to defend it. If you are worried about going to court or having to deal with the matter from constant harassing of the lender or anyone on its behalf, I suggest you consider coughing up and drawing a line in the sand. Be aware that if you do pay, you will not be able to recover that money at a later date.

[Jamie e s]

Thanks a lot for that, it is really helpful, when you say you would continue to challenge it and you are confident enough to defend it, do you mean responding to letters from Vauxhalls as they come, or is there a more proactive route to take, obviously I know this is just advice from you, but I am determined that Vauxhalls are taking the proverbial, and I shouldn't be paying a thing to them.

I was quite surprised that the FOS took their side to be honest, the difference between my photos and Vauxhalls is tiny.

Again I am really appreciative of your help.

[R0b]

Yes I do mean responding as and when which could be a few letters from Vauxhaull to them instructing a legal representative to issue proceedings and act on their behalf. Really depends on their appetite so I can't give you any concrete answers. Obviously if Vauxhall are sending repeat demand letters then you might want to consider a final letter to them saying you have set out your position and will not be corresponding further unless they intend on commencing legal proceedings, otherwise you could tell them to stop pestering you or you reserve the right to bring a claim against them for harassment.

There is a court case that supports your position which confirmed that the onus is on the lender to show the state of the car at the time you took possession and the state of the car on returning it, only then can the damages be assessed. If you would like a copy of the decision let me know and I will send it via private message.

[Jamie e s]

Hi Rob, that would be brilliant if you can do that, do you require my email?

Thanks

[Bluey4543]

There is a court case that supports your position which confirmed that the onus is on the lender to show the state of the car at the time you took possession and the state of the car on returning it, only then can the damages be assessed. If you would like a copy of the decision let me know and I will send it via private message.

Rob, could I please also ask for a copy of the court case by pm?
Many thanks.

[Jamie e s]

[QUOTE=R0b;n1613506]Yes I do mean responding as and when which could be a few letters from Vauxhaull to them instructing a legal representative to issue proceedings and act on their behalf. Really depends on their appetite so I can't give you any concrete answers. Obviously if Vauxhall are sending repeat demand letters then you might want to consider a final letter to them saying you have set out your position and will not be corresponding further unless they intend on commencing legal proceedings, otherwise you could tell them to stop pestering you or you reserve the right to bring a claim against them for harassment.

There is a court case that supports your position which confirmed that the onus is on the lender to show the state of the car at the time you took possession and the state of the car on returning it, only then can the damages be assessed. If you would like a copy of the decision let me know and I will send it via private message.[/QUOTE

Hi Rob, please see attached from Vauxhalls, are they allowed to ask for my income etc, how do I respond to this, do I respond? what would be your advice.
Thanks in advance.

[Jamie e s]

CCF_000014.pdf (375.9 KB, 1 view) Hi Rob, please see attached from Vauxhalls, are they allowed to request my financial situation, do I respond? How should I respond.

Thanks

[R0b]

Yes they can request your financial information (in as much the same way they can request that you tell them what colour socks you're wearing today) but no you are not legally required to disclose the information.

I don't know how you should respond as that's entirely up to you so you either give them the information they're asking for or you don't. Have you accepted liability and offered a repayment plan or is the first letter you've received and they are assuming you are accepting liability - also do you even know what this sum is related to?

[Jamie e s]

Yes they can request your financial information (in as much the same way they can request that you tell them what colour socks you're wearing today) but no you are not legally required to disclose the information.

I don't know how you should respond as that's entirely up to you so you either give them the information they're asking for or you don't. Have you accepted liability and offered a repayment plan or is the first letter you've received and they are assuming you are accepting liability - also do you even know what this sum is related to?

Hi Rob, I have not accepted liability, this is the first letter I have received following the ombudsman decision, the quote is related to alleged damages they have repaired, I was never given the opportunity to look at said damages, I just received a repair bill.

Thanks

[R0b]

In a polite way, tell them to bugger off.

The amount claimed doesn't contain a breakdown as to the charges, there's no evidence to back up the charges that the damage was caused whilst in your possession and in any event you deny liability because as far as you are concerned, the vehicle was returned in a reasonable condition in accordance with your obligations under the CCA 1974. Therefore, you will not be completing or returning the income and expenditure form and there is no legal obligation for you to do so.