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

[Jamie e s]

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.

Thanks very much for this Rob, it is very much appreciated.

[Jamie e s]

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.

Hi Rob, Vauxhall finance have sold the debt to a 3rd party debt collection agency, obviously they will contact me, do these people have rights to come to my property and take belongings etc, or will they take me to court for the alleged debt, unsure what actions they legally can take.

Thanks

[R0b]

If the debt has been sold, the third party has the same rights as if it was the original creditor and you have the same defences. Taking goods and belongings can only occur if they enforce a judgment in their favour by instructing bailiffs.

You still have a right to know about a breakdown of the costs and you have a right to defend a claim against you if they choose to issue legal proceedings. The burden of proof rests on them to show the damage occurred whilst in your possession which I think I've already explained in an earlier post.

If you don't want the hassle of it potentially going that far for whatever reason, I suggest you pay the debt collector in full and get rid of the matter, though if you do I would suggest you only pay on condition of no admission of liability.

[Bane]

OP can you update other readers? I'm sure there will be someone now or in the future in a similar position so your decision may help them make theirs.