VT advice please

[wanderlust9]

I sent a VT request to finance co. (Startline) on 26/4 using the template on here.
They have not sent me anything except confirmed receipt of email, after which I cancelled DD.
Email stated Manheim Auction would call me re. collection - a week has passed - no call. (Car is on public road)
Contacted Startline - they gave me number for Manheim and also advised I would have to pay for collection - I said I wouldnt.
So is my next step to send letter disputing collection charges? Any advice appreciated

[wanderlust9]

Re: VT advice please

68 views and no replies. Guess I'll send the dispute template

[Diana M]

Re: VT advice please

68 views and no replies

You started this thread on a weekend - the advice givers are volunteers.

See what tomorrow brings.

Di

[R0b]

Re: VT advice please

It's not you that pays for Manheim to collect, it is Startline. It would no doubt say that you are liable to pay for collection fees if you terminate and want the car collecting but the Consumer Credit Act limits your liability which does not include collection costs. Of course you are free to return the vehicle at your own cost to a location of their choice but it is not always feasible since a Manheim auction could be miles away, at which point you might want to confirm in writing that they would pay for your costs in returning the car (unlikely however).

If you don't want to pay or return the car, then you refuse to and put it in writing and suggest they collect it.

[wanderlust9]

Re: VT advice please

Thanks for the reply R0b. I will send the template. So when car is collected, is it then I cancel my tax & insurance and enter Startline's details on V5 and send to DVLA?

[wanderlust9]

Re: VT advice please

After phone call today, getting worried. I said I still want car collected but advisor said I would incur £183 collection charges. I had already sent email (below) which they have. She eventually said she would arrange for the car to be collected meantime, but the charges will still be outstanding. I quoted the CCA again, but she kept saying if I dont pay, it will get passed to their debt collection agency (which she named). I requested she relayed their standpoint in writing to which she agreed.

I am writing further to your telephone call of 05/05/2017.I am under no obligation to pay any fees for the collection of the vehicle. The Consumer Credit Act 1974 explicitly states that, my liability under the agreement is limited to half the total amount payable and any terms under the agreement which imposes additional liability directly or indirectly is strictly prohibited by the Act. As such, I shall not be paying any collection fees.
May I remind you that I wrote to you on 25/04/17 confirming termination of the vehicle. Should you refuse to collect the vehicle within 7 days of this email, I shall cancel the remaining tax and insurance and return the V5C document to the DVLA informing them that you are now the registered keeper of the vehicle, and any subsequent liability shall rest with you.
I would therefore urge you to arrange collection of the vehicle at the earliest opportunity to avoid any issues with the vehicle.

Also, what happens exactly when they come for car? (From checklist, I only know what I need to do beforehand) Hoping someone can advise me further (and hopefully quickly)...and... am I doing things correctly?

[wanderlust9]

Re: VT advice please

Received the following email this morning...

Further to your recent telephone conversation with a customer service advisor. I can confirm that a if you are unable to deliver the vehicle, we would require payment of #183.00 agents fee prior to collection. We need this payment upfront otherwise we will transfer this balance to debt collection company.

Car is now getting collected this afternoon on behalf of auction company. Is finance co. or auction house the new registered keeper?

[R0b]

Re: VT advice please

The lender is always the owner, the auction house is the agent. They can't enforce the collection fee as it creates an additional liability outside of the limited liability, however if you want to pay.. up to you

[wanderlust9]

Re: VT advice please

Well the car was picked up on 10 May and so far I've heard and received nothing - so here's hoping

[wanderlust9]

Re: VT advice please

Looks like I'm still needing help. Collection charges were dropped but now they want to charge me for damages.
The car was 8yrs old and imo was in a fair & reasonable condition - ie light scratches which was confirmed by inspection report of collector. I sent them a copy as they requested, but it seems they have ignored it anyway.
I had taken quite a few photos as advised on forum which frustratingly I am no longer able to access
I wrote to them advising I was challenging their damages and they reduced it from £691 to £615. No way is there even that amount of damage.
I know the car has since been sold on and I'm sure if I asked them they wouldn't be able to provide any evidence of any work being carried out anyway.
Their latest letter says I should contact the FO. Is that my only option at his point? I've only got 2 more days left to reply. (Btw, the buggers have affected my credit score because of 'a late payment'. Paid every month until VT'd!!) . Anyway, any help much appreciated

[R0b]

Re: VT advice please

I had taken quite a few photos as advised on forum which frustratingly I am no longer able to access

Always back them up and have copies!

Have they given you a breakdown of the charges? For a car 8 years old it does seem unreasonably high especially if it was purchased as a used car.

You could contact the FOS and go from there, they may drop the charges after that point (if they receive more than 25 complaints in a year they have to pay the FOS £500 per complaint taken on which wipes out their claim pretty much).

You are only liable for damage whilst the car was in your possession and if they haven't got any record of the car's condition at the time you purchased then how can they prove it was you and to what extent the damage has been caused? I've referenced a case several times, Brady v St Margaret's Trust if you do a search on the forum you will find a number of threads which I have quoted the same lines - that should assist you.

As for the late payment, my view is that they are in breach of the Data Protection Act - you can't apply a late payment after you have already terminated the agreement. You could send a letter before action threatening legal action if any adverse entries are not removed but only do so if you are willing to actually follow through with it - hollow threats tend not to work.

[wanderlust9]

Re: VT advice please

I hope you see this [MENTION=71570]R0b[/MENTION]

I contacted the FO, and well, I was astounded when the FO investigator found for Startline.
I still maintain this damage as 'fair wear and tear' for an 8yr old vehicle I bought secondhand. I've attached the pics taken by Manheim and the investigators decision.


Some of that damage was already on the car anyway when I bought it, and because of the age of the car I accepted that. I don't see how Manheim can be really independent as their Auction Halls receive all of Startlines vehicles. In any case, I have never been given a breakdown or proof of any supposed work carried out.

If the Ombudsman agrees with him, I presume my only option would then be to go to court?

Any advice greatly appreciated

[R0b]

Re: VT advice please

Doesn't sound like a shock to me really.

At the end of the day it is an 8 year old car, and Startline cannot recover damages to the vehicle when it wasn't in your possession.

I've attached a Court of Appeal case which you can use and highlighted the relevant part to support your appeal. You should write back to the FOS and explain this is a binding decision as its a Court of Appeal case, they have acknowledged that the duty is on the lender to prove what damages have occurred whilst in your possession, not blanket charge for all damages (see page 7).

You should also state that the inspection is carried out in accordance with BVRLA guidelines which does not take into account the age of the vehicle and the likelihood that damage will occur over time. Yes the 'independent' report shows what damage there is to the car, but it doesn't prove that the damage occurred in your possession which is the crucial part.

I would suggest you also enclose the CAP HPI Conditions chart in the VT guide and if you look at that for a car which is 8 years old, there is likely to be some allowance for damage when it comes to evaluating the car's condition.

Brady v St Margaret's Trust 1963
https://www.dropbox.com/s/3vv40fla56...20494.pdf?dl=0

Link to VT Guide - http://legalbeagles.info/forums/show...on-Your-rights

Also to add, strictly speaking good repair and condition in my eyes is a higher standard than reasonable care under the CCA. And on the basis of Brady, I assume they have no evidence of the car's condition at the start of the agreement. That should be hook, line and sinker however the offices of the FOS like to do things their own way..

[Kati]

Re: VT advice please

I would suggest you also enclose the CAP HPI Conditions chart in the VT guide and if you look at that for a car which is 8 years old, there is likely to be some allowance for damage when it comes to evaluating the car's condition.

just for ease xx

[wanderlust9]

Re: VT advice please

I am in still dealing with the FO re. the damage charges, but today I received a 'Notice of Debt' letter from LInk Financial. So already they can chase me for the debt whilst still in dispute?