How to contest charges after VT

[Grimexpert85]

Hi All

I did a VT on my four year old Renault Zoe in mid Noevember. I did not sign any paperwork as advised here. I finally received an invoice for £209 on Christmas Eve to cover damage to all four hub caps and a missing inflation kit.

For clarity, I did not recieve a copy of the inspection report at the time of collection or wihin a few days as advised by the collection company. I only received this after phoning them to get a copy on Dec 29th.

I have already responded to say I had found the kit and would send this on at my own cost (it was on my original reciept from the dealership so I saw no point in pretending it was never in the car). I have queried the hub caps with the below:

As for the hub caps, I find this charge to be deeply unfair and do not accept liability. They have been on since I took on ownership of the car (almost 4 years ago) and think that scuff damage in that time is well within fair wear and tear. In fact, the CCA 1974 states that I only need to take 'reasonable' care of the car. I would argue that slight damage after 4 years is acceptable. I would also like to point out that the BVRLA guidelines do not differentiate on the age of the vehicle. A four year old car is judged to the same standard as a 12 month old car. So, again, it is unfair to use this standard. I also expect this charge to be removed.

They responded to the caps with:

Please request confirmation from the dealership that they have been on the car when you had purchased it and we can review this.

Please show me in the BVRLA guidelines where this falls under wear and tear, as all chargeable are in line with the BVRLA guidelines.

What is the best way I can fight these charges?

[Frank1]

Page 11 of the guide:
Scuffs totalling up to 50mm on the total circumference of the wheel trim are acceptable as fair wear and tear.
That means only very small scuffs are acceptable.

[Grimexpert85]

Hi Frank1,

Thank you for your response. I have the guide already and some of the scuffs are larger than 50mm. However, I have seen many people claim that as the BVRLA does not take into account the age of the vehicle (and in my case that the caps were on since new, 4 years ago) that should be enough of them to reconsider. I think age of the vehicle should be taken into account so I'm hoping for some advice if what I have replied in the email is the best path to take, and how far to continue disputing it.

[HariSeldon]

I'm hoping for some advice if what I have replied in the email is the best path to take, and how far to continue disputing it.

I would reply with something short and sweet along these lines and keep saying the same thing until they get bored.

Dear Sir or Madam,

Further to your recent correspondence, as you will be aware Voluntary Termination is a statutory right and BVRLA guidelines do not override my statutory rights.

My only obligations under Section 100 of the Consumer Credit Act 1974 are to have paid 50% of the total price and to have taken reasonable care of the vehicle. I have complied with both obligations and therefore have no further liability regarding this matter.

The missing inflation kit was an oversight, please confirm the address I can return this item to.

Regards,

Scuffs totalling up to 50mm on the total circumference of the wheel trim are acceptable as fair wear and tear.
That means only very small scuffs are acceptable.

"Fair wear and tear" is irrelevant for Voluntary Termination purposes. The law simply says the customer must take reasonable care and says nothing about "fair wear and tear."

"Reasonable care" is an action or behaviour of the customer, "fair wear and tear" is the condition of the vehicle. Larger scuffs may very well be considered more than fair wear and tear but in my opinion a reasonable person would accept a vehicle of that age and mileage may have larger scuffs and so the reasonable care test is satisfied.

[Grimexpert85]

Thanks Hariseldon.

Much appreciated. It is with a case handler who will get back in touch within 3-5 working days. Depending on what they come back with, I will use what you have written.

Have a great weekend.