Voluntary termination of agreement fair wear & tear issues

[LJK]

Hi
I returned my Peugeot 107 in Nov, i had paid over the 50% of the loan required by around £200.
Before the car was returned we had it valeted and t cutted any minor scratches.
The car was returned being 6 years old with what can only be classed we thought was fair wear and tear.
It went to auction soon after collection.
Since then we have received 2 letters from RMS Receivables attempting to gain money from us.
The first contained the inspection report and photos and requested outstanding amount of £390 for various damage to the vehicle. When i looked at the photos it wasnt even our vehicle!!!! I called them they apologised perfusely and the man made a point of telling me that judging from our correct inspection report i shouldnt expect there to be no charges and he spoke about how a scratch of over so many cms and a dint of some many cms is above and beyond fair wear and tear etc etc
We received a letter this week with our actual report for our vehicle. Requesting outstanding amount of £210!!!!
The car was returned in a FW&T condition in our view. Even the guy who collected it commented,
I want to dispute the amount they are requesting as it is completely over calculated in my view. The cost stated for the vehicle that wasnt even ours showed lots of damage to the interior and exterior ours was by no means in that condition and not even in a condition requiring £210 spent on it!
Please advise as i want to post the letter off today- i dont like to be in arrears with anything and these letters make me feel uneasy.
Many thanks
LJK

[Guest]

Re: Voluntary termination of agreement fair wear & tear issues

Im afraid that this behavior is par for the course on VT's, they almost always involce the ex hire for perceived damage to the vehicle, it is a shot to noting for them and most just pay up.

The response is that you consider any damage to the vehicle would be considered fair ware and tear, section 100 of the consumer credit act only states that "reasonable care" must be taken of the goods, there is no prescription to return the car in showroom condition, state that you will not making any payments and that any action to recover will be vigorously defended.

[LJK]

Re: Voluntary termination of agreement fair wear & tear issues

I want some hard hitting quotes to form a very knowledgeable letter to send them a strong but well informed message so if anyone else would like to contribute please keep adding!:reindeer:

[Wombats]

Re: Voluntary termination of agreement fair wear & tear issues

Just quote Section 100 CCA.

[Guest]

Re: Voluntary termination of agreement fair wear & tear issues

I want some hard hitting quotes to form a very knowledgeable letter to send them a strong but well informed message so if anyone else would like to contribute please keep adding!:reindeer:

The second paragraph of my last post

[LJK]

Re: Voluntary termination of agreement fair wear & tear issues

JUST MAILED THIS, will keep you postedmasroll:

13^th December 2014


FOR URGENT ATTENTION




Dear RMS Receivables

Agreement Number: 1295803

I write further to your letter received on Friday 12^th December, requesting ‘outstanding arrears’ of £210 for perceived damage value, in respect of my returned vehicle Reg MW08 FZH.

I strongly dispute your ‘damage value’ as I considered any damage there was to my vehicle was minimal and therefore considered to be deemed as fair ware and tear. The damage was certainly not over and above the ‘industry fair ware and tear’ you state.

Section 100 of the Consumer Credit Act only states that "reasonable care" must be taken of the ‘goods’ and there is certainly no prescription to return the car in ‘showroom’ condition.

Just to clarify I was sent a letter dated 4/12/14, prior to the most recent request, that asked for £390 however the vehicle on the photos provided was clearly not my vehicle in any way, wrong colour, size etc etc. The damage to that vehicle was clearly far greater than that to mine yet both the internal gradings have been rated as poor! I will use this in my defence also if required.

Also the day the car was collected was a very rainy day and the collector had crossed over a lawned area to get to the car on the drive, hence why the Foot-well is a little dirty!

I will not be making any payments at this time and assure you that any action to recover monies you believe are owed, will be vigorously defended and accompanied by photographic evidence taken of the vehicle prior to its return and receipt of the full valet that took place on the Sunday before collection on the Tuesday.

I look forward to receiving a revised letter from you in early course.

[MattyP1980]

Re: Voluntary termination of agreement fair wear & tear issues

Hello, sorry new to this but I am currently having the same issue with RMS receivables. Our vehicle was collected and inspected at our homw address and was in excellent condition. We then received a letter with pictures showing damage that wasnt there when it was collected. I have written them stating this and that we will not be paying any repair costs. We await there reply. What was your outcome in your situation? Thanks MattyP1980