volunarty termination

[alfie13]

Re: volunarty termination

hi rob tried to link with postimage.org but it wouldnt give me a link to post the images complaints have sent me a letter saying they have dropped the initial charge from£ 774.40 to£ 600 but still haven't explained what the damages are for , I have about 20 pictures on my phone showing the car is in perfect condition inside and out with a picture of a paper with date on it cheers

[R0b]

Re: volunarty termination

Hi alfie

You can try to upload the picture on here by clicking on the "Go Advanced" button and then you will see a paperclip icon along the top of the message box, click on that, upload the document then close the box and hit post.

[alfie13]

Re: volunarty termination

Hi rob post the letters hopefully they have uploaded cheers

[alfie13]

Re: volunarty termination

Hi Rob trying to upload them again

[DanielleMarie]

Re: volunarty termination

Hi Newbie here!, hope you don't mind me posting (intruding) on your thread, But I'm currently going through the same situation as you Alfie. I see your photos at the end there and basically it looks like the company are trying to use your monthly payments as a get out clause for them, if the complaint letter was sent after you Voluntarily Terminated then technically they do not have a leg to stand on in my opinion, as the account should have been closed before the complaint was made.. I could be wrong though. I VT'd my agreement in September 2016 I got told I was halfway through my agreement which allowed me to terminate, however they have now defaulted my credit file every month since handing the car back and they are now saying I owe them over £9000 and that my agreement was never halfway.im stuck as to what to do ive never been in this situation ever and they have failed to reply to emails to explain how they could take the car back if I wasn't halfway and why there is such a high amount outstanding. I also asked them what happened to the money they made from the auction of my car (£5,500) and they told me its gone.. supposedly just vanished. does anyone know or have any advice as to which route I should go down now ?

[R0b]

Re: volunarty termination

Hi Alfie,

If they have still not provided you with evidence of the damages then I would suggest that you make a formal complaint to Link. If they cannot provide the evidence that damages has been caused beyond reasonable condition then you should take it further with the Financial Ombudsman. You could also provide copies of the photos you have taken which proves the car is in a reaosnable condition on return.

[MENTION=96525]DanielleMarie[/MENTION],

It is probably best to start your own thread so there is no overlap

[alfie13]

Re: volunarty termination

hi its been while since being on online , been waiting on financial ombudsman adviser they are saying that I should have not defaced there declaration form for voluntary termination , they are saying that startline sent me email saying that I had to deliver the car to manheim auctions but I didn't so they are charging me 183 pound for collection .they are saying that because i put the car back in there name they could not forward me the damage report to me , they are saying startline havent made an error , could anyone give me some advie please thanks

[alfie13]

Re: volunarty termination

hi has any one got any advice please should I take this to court thanks

[R0b]

Re: volunarty termination

Hi Alfie,

Can you confirm exactly what the Ombudsman said, your previous post is a bit confusing - do you have a letter from them? If so it might be easier to upload than trying to explain but make sure to remove your personal information if you do.
Not sure what you mean about the issue of the damage report not being passed to you because you transferred the car into their name, that doesn't make sense? Who said that, Startline or the Ombudsman?

Does your credit report continue to show a default and the outstanding balance? If it does, then you will need to weigh up whether or not you want to take them to court as it appears court would be the next option if the Ombudsman is not agreeing with what you say.

The next step would be to start gathering all evidence you need and require to bring a claim to court. Your claim is likely to be breach of data protection under Principle 4 for failing to your personal data up to date and accurate. There is also an argument for negligence so that could be thrown in for good measure.

The type of documents you would need as a minimum:

1. A printout of the default showing on your credit report and the amount plus a copy of your credit score if it is a poor score. If you have any previous copies of your report prior to the default that would also be of assistance to show the default has brought down your score.

2. Copy of the agreement

3. Any relevant correspondence between you and Startline for example, where you have requested details or evidence of the damages sought by Startline (I think I scanned the thread and you said they sent in a letter that you have to continue paying until the car is sold? Which is clearly not correct)

4. Anything else that you feel is relevant.


I would suggest that you take a step back and consider whether you want to proceed with taking Startline to court as you really need to get your ducks in order otherwise you could end up losing. If you have already sent them a letter before action but was done some time ago and the Ombudsman has made a decision in between, perhaps it may be wise to send a further letter before action giving them one last opportunity to remove the defaults or you will issue proceedings.

I can't tell you to take them to court, but if you do wish to do so after sending a further LBA, then I am happy to assist where possible. I can provide you with a template I have used previously myself against Santander although you will probably need to adjust it to suit your own claim however the gist of it is likely to be the same.

[alfie13]

Re: volunarty termination

hi rob thanks for the reply , i have been talking to the financial ombudsman by email , they have sent me a copy of the manheim damage report today picture of broken front grille £66.40 just looked at my picture and it isnt broken and it wasnt when it went on the truck , they have charged me £294 for preparation marks poor repair on quarter panel this joke , 2 scuffed alloys £110 , corrison, rust sill panel , £214 on tiny dent right in the corner bottom of door , this has become joke . i ask them for invoice prooving the work was done havent recieved that . the financial omsbudson said to me because i put the car back in startlines name the couldnt send me the damage report because the car wasnt in my name anymore . financial ombudsman saying that startline are saying there was more damage to the car but they are not charging me joke nice of them ,they are saying because the photos i sent them arent time stamped its difficult to see if the damage was present when the car was sold to me . cheers

[alfie13]

Re: volunarty termination

hi am looking at my pictures i took of my car i can not see this tiny dent and small scratch that they have charged me £214 pound for the car was in the same condition as when i bought it cheers

[R0b]

Re: volunarty termination

A bit of a joke from the Ombudsman if they refuse to hand the damage report simply because it's not in your name anymore. If Startline are alleging damaged caused by you then you should be entitled to know what evidence they have in support. Failing to give that information and then decide that you owe the money is simply wrong and unfair.

Anyway if you have the report now and taken photographs prior to the car being taken which are different to what they have shown it is not necessary to have them timestamped, although for future reference it may be best to take photos with the day's newspaper in view so you can prove when its taken. Nonetheless not the end of the world, as when you take a photo certain information is stored known as EXIF data. You can view that data on software which shows the date and time and other information - in fact you can go to this website here, which will give you that information http://www.verexif.com/en/. Give it a go and you'll see what I mean Perhaps you should offer this information to the Ombudsman and see if they will reconsider their decision.

Ultimately, the Ombudsman can only look at what's fair and reasonable and may not be the right decision but you do not have to accept it. You still have the right to take the matter to court should you wish to do so, and it is up to you if you want to take that route as I have already said.

[alfie13]

Re: volunarty termination

i sent the pictures to the ombudsman with a paper showing in two of the pictures

[alfie13]

Re: volunarty termination

Hi rob sent ombudsman the link for the pictures and asked them for invoice for the work done on the car the haven't got invoice and they are saying link doesn't work so they are still saying startline are in the right . I am talking to adviser not the actual ombudsman I can ask them to look at the case but she's saying it will be the same outcome. Would you take it to court thanks mike

[R0b]

Re: volunarty termination

Personally, the Ombudsman are pretty poor when it comes to this and seem to just want to obstruct at every hurdle. If it were me I would have lost patience by now and probably commenced legal proceedings if Startline didn't remove the default on the credit report (assuming it's still there) but that is me and you shouldn't simply follow what I say you need to make the decision yourself as to what you want to do about it.

There are other current options at the moment such as asking an Ombudsman to review the information and make a final decision. There is the likelihood that they won't find in your favour but you do not have to accept it and cna then continue with legal proceedings if you wished.

You may want to make an offer to Startline for a smaller sum they are asking for without any admission of liability and payment being on the condition of them immediately removing the default notice on the credit report. Any agreement should be in the form of a settlement agreement and detailed what each person will do and signed by both parties so that it is binding. Should they fail to remove it, then you can take legal action against them for breach of contract. Startline might refuse to agree to this unless payment is in full and again you have to decide if you agree or not.

Then there is the other option which would issuing proceedings and claiming damages. The risk to this is that they may counterclaim for the damages they are seeking from you, but then again they may not. The difference between the Ombudsman and the court is that the court will look at the law whereas the Ombudsman looks at what is fair and reasonable and not necessarily what the law says. As voluntary termination is largely based on the CCA, a court is best placed to interpret the CCA and come to a decision. If you win at court, you will likely be awarded damages and an order that Startline remove the default notice or other adverse entries on there.

Like I said before, you have to weigh it all up and decide what you want to do. If you feel going to court is the option you want to take then you need to start gathering all of your evidence and in the meantime, a final letter before action ought to be sent to Startline giving them one last opportunity before you issue proceedings, but also time for you to prepare for the claim. It is you that needs to do the work, but I will help where I can.