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VT advice please

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  • #16
    Re: VT advice please

    @R0b or Kati - thankyou for your advice so far. I wonder if i could burden you again?

    I am about to reply to the investigators decision. Do you think the following is OK, or does it need added to or bits removed?

    As you could expect, I am very disappointed with the outcome of this matter, therefore I am requesting the Ombudsman look over my complaint before a final decision is made.

    There are a few points I need to raise:

    I was aware of minor damage to the car when I purchased it and made no mention of it, as it was very minor and fair and reasonable for the cars age' Since purchase I had continually looked after the vehicle and only very few light scratches had occurred.

    Also, I don’t consider Manheim to be independent as they receive all Startlines cars at their auctions and therefore I cant agree their report as being 'fair and reasonable'.

    I would also like to point out that Startline have never provided:

    a) Evidence of the car's condition at the start of the agreement
    b) A breakdown of the repair costs incurred
    c) Actual photographic evidence of any repairs carried out

    In any case, I don’t accept the damages as 'accepted nationwide' as 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.

    Please find attached a Court of Appeal case which is a binding decision whereby hey have acknowledged that the duty is on the lender to prove what damages have occurred whilst in my possession, not blanket charge for all damages (see page 7). Also attached is a damage condition chart from CAP HPI which provides more realistic and accurate damage conditions in relation to a vehicles age
    I will of course add the attachments when sending.

    Meantime, how could I best reply to the debt collectors as I am still in dispute of the debt?

    Thanks

    Comment


    • #17
      Re: VT advice please

      Looks fine, you might want to include a copy of the extract I mentioned on the VT Guide about that they have to first prove there was no evidence and then secondly they have to provide evidence of the market value of the car in a reasonable condition and the value of the car in its current condition. Would love what the FOS has to say on that.
      LEGAL DISCLAIMER
      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer relationship between you and me. Some of the content I post may include example wording, letters or other similar responses or templates but they are intended for informational and educational purposes only. Using some or all of my content may fail to meet your needs that is specific to your situation and I cannot be held responsible or liable in any way so you accept that you are using it at your own risk. It is recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database. Alternatively, you can contact your local Citizen's Advice Bureau for basic legal advice as well as various legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a legal advice clinic to members of the public.

      Comment


      • #18
        Re: VT advice please

        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer relationship between you and me. Some of the content I post may include example wording, letters or other similar responses or templates but they are intended for informational and educational purposes only. Using some or all of my content may fail to meet your needs that is specific to your situation and I cannot be held responsible or liable in any way so you accept that you are using it at your own risk. It is recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database. Alternatively, you can contact your local Citizen's Advice Bureau for basic legal advice as well as various legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a legal advice clinic to members of the public.

        Comment


        • #19
          Re: VT advice please

          Thanks for that R0b. OK I will send off to ombudsman with extract. Will post reply. As I've not dealt with a debt collection agency before, but need to reply (letter attached), I kinda made this up from what I found online:

          I am responding to your contact about collecting a debt. You contacted me by letter dated 21 Aug. I formally dispute this debt. Please provide me with documentation that supports why you believe this debt belongs to me, and why you believe I owe this amount. Please send me copies of the original application for this account, any signatures associated with this account, any bills associated with this account etc.
          Is the wording relevant and useful for my situation?
          Attached Files

          Comment


          • #20
            Re: VT advice please

            Not particularly,

            You could send a few lines saying that the matter is still in the hands of the Financial Ombudsman and therefore they should refrain from contacting you whilst the complaint is ongoing. It is a breach of the FCA rules to pursue a disputed debt, particularly where there is an ongoing complaint.
            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer relationship between you and me. Some of the content I post may include example wording, letters or other similar responses or templates but they are intended for informational and educational purposes only. Using some or all of my content may fail to meet your needs that is specific to your situation and I cannot be held responsible or liable in any way so you accept that you are using it at your own risk. It is recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database. Alternatively, you can contact your local Citizen's Advice Bureau for basic legal advice as well as various legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a legal advice clinic to members of the public.

            Comment


            • #21
              Re: VT advice please

              Ok, I'll change that. I have seen the quote/text from the Brady case, but I would prefer to attach the document/image of it, that I remember seeing somewhere on here before, which I cant find now, Can you help with that please? Thanks again

              Comment


              • #22
                Re: VT advice please

                I've attached the case and highlighted the relevant paragraph on page 7.
                Attached Files
                LEGAL DISCLAIMER
                Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer relationship between you and me. Some of the content I post may include example wording, letters or other similar responses or templates but they are intended for informational and educational purposes only. Using some or all of my content may fail to meet your needs that is specific to your situation and I cannot be held responsible or liable in any way so you accept that you are using it at your own risk. It is recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database. Alternatively, you can contact your local Citizen's Advice Bureau for basic legal advice as well as various legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a legal advice clinic to members of the public.

                Comment


                • #23
                  Re: VT advice please

                  So now I'm awaiting a final decision from FOS.

                  Also, i would like to tell you that recently I had the below response from a dispute I raised with Equifax about a default put on my credit file by Startline


                  Thank you for getting in touch.
                  Startline Motor Finance Ltd (I) has investigated your query and has told Equifax the information you were disputing is correct and will remain unchanged. This information is supplied by the company and Equifax cannot change it or remove it without their authorisation.
                  The company has stated the following:
                  Voluntary Termination still reports as a default on customers credit file as they are liable for any outstanding balance/damages. Regardless of when the balance is cleared, the default will remain for the full 6 year period.

                  I am having difficulty understanding how Startline are generating all this just from disputed damages. I think this may well all end up in court.

                  Comment


                  • #24
                    Re: VT advice please

                    Well that's Startlines approach and since they are refusing to back down, you could seek aggravated damages on top of normal damages due to their conduct. If the FOS are not on your side and you wish to pursue it then I am happy to assist where I can
                    LEGAL DISCLAIMER
                    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer relationship between you and me. Some of the content I post may include example wording, letters or other similar responses or templates but they are intended for informational and educational purposes only. Using some or all of my content may fail to meet your needs that is specific to your situation and I cannot be held responsible or liable in any way so you accept that you are using it at your own risk. It is recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database. Alternatively, you can contact your local Citizen's Advice Bureau for basic legal advice as well as various legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a legal advice clinic to members of the public.

                    Comment


                    • #25
                      Re: VT advice please

                      Thankyou R0b. It would appear I might have to take you up on that, which I would appreciate so much

                      Comment


                      • #26
                        Re: VT advice please

                        @R0b
                        Today I have received the final decision from FO - bad news for me - they've upheld the original investigators decision. (btw,would you want me to send you the docs?)
                        I am so angry. And I know now, the debt collection agency will now be winging out a letter pronto with increased charges. I suppose if I went to court and lose again I'm really in deep financial doo-doo?
                        Last edited by wanderlust9; 24th October 2017, 20:16:PM.

                        Comment


                        • #27
                          Re: VT advice please

                          Can I PM you R0b?

                          Comment


                          • #28
                            Re: VT advice please

                            Sorry I missed this, the FO's decision is not binding so it is up to you whether you want to come to a settlement or not. The FO does not strictly take into account the law whereas a court will.

                            You can upload the decision on here if you like but make sure to redact any personal information. Even if you went to court, you have one month (if you lost) from the date of the judgment to pay up without getting a CCJ. It can take up to 6 months or more before a hearing takes place and in that time you could set aside some money each month just in case that does happen.

                            I can't tell you what the best option is but that is something for you to decide taking everything into account.
                            LEGAL DISCLAIMER
                            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer relationship between you and me. Some of the content I post may include example wording, letters or other similar responses or templates but they are intended for informational and educational purposes only. Using some or all of my content may fail to meet your needs that is specific to your situation and I cannot be held responsible or liable in any way so you accept that you are using it at your own risk. It is recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database. Alternatively, you can contact your local Citizen's Advice Bureau for basic legal advice as well as various legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a legal advice clinic to members of the public.

                            Comment


                            • #29
                              Re: VT advice please

                              Thats ok R0b, I know you must be dealing at many, many posts. I've got til 23 Nov to reply to FO with either my acceptance or rejection. I know ultimately its my decision, but I dont know whats best to do. I dont know how strong a case I have. I wouldn't even know where to start going to court. I'm worried if I go to court and lose, I will have more even costs. Also, when the debt collector sent their first letter in August, it had went up to £800 even whilst it was still in dispute at that point. FO have now sent a copy of their final decision to Startline. Thanks

                              Comment


                              • #30
                                Re: VT advice please

                                Just noticed on FO website, in the last 4yrs they have upheld for Startline about 50% of 31 cases

                                Comment

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