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VT Damage Charges - Startline

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  • VT Damage Charges - Startline

    Hi!
    I'm completely new here but hoping somebody can help.

    I recently VT'd my 2017 Mercedes CLA that I had on finance through Startline, my circumstances have changed and I now live and work much closer to London (as opposed to South Yorkshire when I got the car) and get the train / tube or walk almost everywhere. I made the decision to pay up to my 50% mark and VT, buying myself an old-ish Mini (that has been driven twice since i bought it!)

    I wanted to start by highlighting a little bit about my experience/relationship with Startline as I worry this may be playing a part in how I am now being treated by them. A few years ago now I made a complaint to Startline in regards to how I had been treated whilst being furloughed three times through Covid and going through a bereavement. Long story short, they refused to uphold my complaint and I ended up going to the Financial Ombudsman where my complaint was upheld and they were made to remove markers on my credit file and pay me a small amount of compensation.

    Following my VT notice I was contacted to arrange collection of my car, I made Startline aware of me working and living 90% of the time in London and the change of collection point, they said this was all fine. No collection charges were mentioned.
    The lady from the collection company arrived to collect my car and we went around the car together taking pictures and having a general chat. We mentioned that two of my alloys were not perfect but we both said that this is to be expected from a 7 year old car that has done 65k miles. No other damage was mentioned at all. The lady asked me to sign to say that she had done her inspection and then she was on her way after complaining that she needed to quickly get the car back up to Leeds because she had another job to do before she went home.

    Fast forward to yesterday, I received an email from Startline saying I owe them £607.86, of course I went into a bit of a panic and gave them a call. The man on the phone said that £132.76 is what I owed to get up to 50% paid, I completely agree with this and am more than happy to pay it. He then said the other £405.10 was due to a damaged front panel and a damaged seat (the damaged seat was already in the car when they financed it for me, but of course they wouldn't have seen the car prior to financing it). I asked him to send me an email that explained all of this and he said he would. I received an email that then mentioned that the remainder of the money was due to collection fee's and damage beyond fair wear and tear, he attached a report from Manheim with damages equalling £1,951.63 but no explanation of which damages I was being charged for and how much this collection fee was.
    Some of the damages on the report actually were not on the car when it left here, there's a large patch of paint missing from the door that was absolutely not on the car when it left me, it's big enough that the lady who came to collect my car definitely would have pointed it out and would have photographed it. There are chips on my windscreen that again, were not there when the car left me. Everything else seemed to me like fair wear and tear on a 7 year old car.

    With this in mind, I called Startline again and I asked for a copy of their fair wear and tear guidelines as well as a copy of my inspection report from when the car was collected and details of the collection fee. I was denied both of these things and just told that I should be happy they're not charging me the £1,951.63 and decided to reduce it for me (In my panic on the original email I'd said about me and the lady from the collections company only talking about scuffs on my alloys which was very silly of me)
    I argued that I wanted everything itemising and a copy of the guidelines and again, this was refused. The man on the phone said 'you've admitted to the damaged alloys so if you just pay £240 for those plus the money to get you up to 50% we'll let you off'. I told him I was not willing to pay for any damage until I had taken advice but would pay the £132.76 to get me up to 50%.

    Just to add to this information as well, this car is now for sale at a dealership in Mansfield, it still has the damage to the seat that I was told I was being charged to repair but is described as in clean condition.

    Following this call I sent an email using a template from one of the threads on here explaining that I do not accept liability and that I am requesting my inspection report with the photographs to prove this damage was all on the vehicle when they collected it from me, along with an itemised bill telling me which damage I am being charged for and the collection costs as well as well as guidelines for fair wear and tear and then proof that I signed to agree to these costs. This morning I have received an email again refusing all of this, stating that it is not their job to prove the damage was on the vehicle when it was collected or to show me what damages I am paying for and that if I want to complain I need to send an email to the complaints department.

    Following this email I rang the Startline complaints department and explained my situation. I told them again that I wanted to know exactly what I'm paying for. I was told I would be sent this but I haven't been.

    I'm really unsure where to go from here, I worked in car sales for a long time and know finance companies will often try to bully people into paying for damages because they lose money on VT's, so am trying to stand my ground here. I'm just not sure what to do next if they are refusing to send me information about what I am being charged for. Could anybody advise?

    Tags: None

  • #2
    Hi EmmaJ1994

    Welcome to LB

    There is an excellent guide below / template.

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

    https://legalbeagles.info/forums/for...tter-templates

    Comment


    • #3
      Hi there.
      Thank you for this. An update on my complaint, my complaint has not been upheld. Here is the email -

      Our Response to Your Complaint

      You contacted us on 19/09 to raise a complaint in relation to charges for a Voluntary Termination.

      We have now completed our investigation, and we can confirm that we are not upholding your complaint.

      Investigation

      As discussed on our telephone call when the complaint was lodged, you confirmed that you are happy to pay the balance of £132.76 which was the remaining amount to bring the agreement up to the 50% for a Voluntary Termination.

      The vehicle was then recovered, and a full inspection was completed which showed damages on the vehicle and inside and when we received the breakdown report of these charges the total came to £1,951.63.

      We then reduced the charges down to £258.26 which consists of £165.00 for the right quarter panel being scratched the front seat base cover at £43.26 and a valet of £50.00.

      The final outstanding balance is £607.86, and this is split up with £258.26 for the damage charges, £132.76 for the 50% mark and £216.84 for recovery of the vehicle.

      On our phone call you were under the impression that there should not be a recovery charge on a Voluntary Termination which is incorrect as it is stated on your Terms and Conditions which you signed there is a charge for recovery of the vehicle and any damages which you are liable for.

      Our Recoveries Team have offered to waive £310.10 off the final balance if you agree to pay the remaining £297.76, please contact the team on 0141 483 2280.

      Summary

      Based on the above information we can confirm that we are not upholding your complaint.


      *****

      My comments are this:
      In terms of the collection charge, I have a letter from when I asked for information about voluntary termination that states ‘’You will not be charged for vehicle collection provided this is completed on the date you agree with the agent. If the vehicle is not roadworthy or available for collection on the arranged date, you may incur a charge for the collection of the vehicle.’’
      The collection was completed on the date I agreed and I was not informed of any collection fee, I am unsure what terms and conditions his response relates to.

      On the damage charges, the £50 valet is for water marks on the passenger seat. I don’t know that it costs £50 to wipe a seat and I don’t think I should pay to valet the entire car for a few water marks.

      The ‘seat base cover’ was originally almost £450 in the original report and I have made them aware the seat was damaged when I purchased and therefore when they financed the vehicle, this is something I brought up with the salesman at the time and was told it was fair for the age of the car ( I know I shouldn’t have accepted it but I’d already signed everything and unfortunately there were far worse problems with the car when I collected it)

      The front quarter scratch is a small scratch that I would absolutely argue is fair wear and tear for a 7 year old car but apparently it has cost £165.

      I have been refused my initial inspection report from when the lady collected my car and I have been refused any information on their fair wear and tear policy. I’ve also been refused any actual documentation about these costs or any invoices for the collection.

      In the last phone call before my complaint I was asked to pay for the four alloys and they’d call it quits, but it seems I wasn’t even being charged for the alloys in the first place so I’m confused as to how they’re allowed to tell me I’m paying for things I’m not even required to pay for!
      It feels like they’re just throwing numbers at me and hoping I’ll pay.

      I think I’ll have to go to the ombudsman now but is there any advice before I do?

      thank you.

      Comment


      • #4
        Originally posted by emmaj1994 View Post
        Hi there.
        Thank you for this. An update on my complaint, my complaint has not been upheld. Here is the email -

        Our Response to Your Complaint

        You contacted us on 19/09 to raise a complaint in relation to charges for a Voluntary Termination.

        We have now completed our investigation, and we can confirm that we are not upholding your complaint.

        Investigation

        As discussed on our telephone call when the complaint was lodged, you confirmed that you are happy to pay the balance of £132.76 which was the remaining amount to bring the agreement up to the 50% for a Voluntary Termination.

        The vehicle was then recovered, and a full inspection was completed which showed damages on the vehicle and inside and when we received the breakdown report of these charges the total came to £1,951.63.

        We then reduced the charges down to £258.26 which consists of £165.00 for the right quarter panel being scratched the front seat base cover at £43.26 and a valet of £50.00.

        The final outstanding balance is £607.86, and this is split up with £258.26 for the damage charges, £132.76 for the 50% mark and £216.84 for recovery of the vehicle.

        On our phone call you were under the impression that there should not be a recovery charge on a Voluntary Termination which is incorrect as it is stated on your Terms and Conditions which you signed there is a charge for recovery of the vehicle and any damages which you are liable for.

        Our Recoveries Team have offered to waive £310.10 off the final balance if you agree to pay the remaining £297.76, please contact the team on 0141 483 2280.

        Summary

        Based on the above information we can confirm that we are not upholding your complaint.


        *****

        My comments are this:
        In terms of the collection charge, I have a letter from when I asked for information about voluntary termination that states ‘’You will not be charged for vehicle collection provided this is completed on the date you agree with the agent. If the vehicle is not roadworthy or available for collection on the arranged date, you may incur a charge for the collection of the vehicle.’’
        The collection was completed on the date I agreed and I was not informed of any collection fee, I am unsure what terms and conditions his response relates to.

        On the damage charges, the £50 valet is for water marks on the passenger seat. I don’t know that it costs £50 to wipe a seat and I don’t think I should pay to valet the entire car for a few water marks.

        The ‘seat base cover’ was originally almost £450 in the original report and I have made them aware the seat was damaged when I purchased and therefore when they financed the vehicle, this is something I brought up with the salesman at the time and was told it was fair for the age of the car ( I know I shouldn’t have accepted it but I’d already signed everything and unfortunately there were far worse problems with the car when I collected it)

        The front quarter scratch is a small scratch that I would absolutely argue is fair wear and tear for a 7 year old car but apparently it has cost £165.

        I have been refused my initial inspection report from when the lady collected my car and I have been refused any information on their fair wear and tear policy. I’ve also been refused any actual documentation about these costs or any invoices for the collection.

        In the last phone call before my complaint I was asked to pay for the four alloys and they’d call it quits, but it seems I wasn’t even being charged for the alloys in the first place so I’m confused as to how they’re allowed to tell me I’m paying for things I’m not even required to pay for!
        It feels like they’re just throwing numbers at me and hoping I’ll pay.

        I think I’ll have to go to the ombudsman now but is there any advice before I do?

        thank you.
        I take it it's a final response / deadlock letter they've sent you.

        I think you know the points you want to make, they sound reasonable.

        Use paragraphs and bulletin points, be clear and concise.

        Update the thread when you get a response.

        Comment


        • #5
          My advice is to write your letter to the FOS with events in chronological order and the date at the beginning of the paragraph. Include details of phone conversations. It does sound a try on and hopefully the FOS will see it that way

          Comment


          • #6
            Hi there,
            This is great advice, thank you both.

            Yes it was a deadlock letter, I have asked for them to outline which terms and conditions they are relating to in their email but so far haven't had a response and have been refused all other documentation regarding the matter so not holding my breath!

            Will the FOS want to see the documentation they are discussing from me or will the onus be on them to provide it?

            Comment


            • #7
              Send them what you have got. Refer to the documents in your letter. Make a list of enclosures at the end of the letter

              Comment


              • #8
                You can send them a Subject Access Request, they have 30 days to provide all the data they hold.

                https://legalbeagles.info/library/gu...ccess-request/

                Comment

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