Startline trying to screw me

[Willow2811]

I originally posted this thread: http://legalbeagles.info/forums/show...rtfall-Charges and got some really great help (thanks [MENTION=71570]R0b[/MENTION]).

However, in response to the last letter I was advised to send, they said they were treating it as a complaint and would investigate it. I got the outcome today which said they were not upholding my "complaint" and would reduce the damage charges from £1313.00 to £1080.00.

They've given me two options: agree to it and pay the above amount or disagree and go to the financial ombudsman. I'm really out of my depth here. I don't know what to do and can't afford to pay it of course. I can't afford to seek legal advice either.

Anyone know what the heck I should do? Starting to worry about this, I'd really appreciate some help!

[Kati]

Re: Startline trying to screw me

[MENTION=71570]R0b[/MENTION]'s probably your best bet (again) ... he's been tagged by me too now lol

although maybe [MENTION=39710]des8[/MENTION] would have some pointers too xx

[R0b]

Re: Startline trying to screw me

If the charges relate solely to damages for the car and not excess mileage, then I would suggest you go ahead and write to the Ombudsman to complain and get an answer.

If the car is 8 years old it seems a bit extortionate to charge such a high sum and I assume they have not provided any evidence to show the condition of the car before you took possession of it? I personally think that the Ombudsman is pretty crap at making decisions but they might be useful to you on this one as it doesn't relate to excess mileage.

There is a Court of Appeal case (Brady v St Margaret's Trust) which related to the issue of the car's condition and one of the judges said the following:

There should be evidence by the hire-purchase company to show the condition of the goods at the time the agreement was made and to show how far the hirer has defaulted under it. As I read this clause, the hirer's duty is to keep the car in the condition in which it might reasonably be expected to be if he had looked after it properly. He need not put it in a better condition than it was when he hired it. He need only keep it in the condition in which a reasonably minded hirer would keep it. Thus he would repair it if there was an accident, and he would do the immediate repairs in the course of running the car, but no more. The hire-purchase company should give evidence of any default on his part in that duty.

The above is pretty clear in my eyes, you are only needed to keep it in a condition that a reasonable person would do ... Evidence should be required from the lender to show the condition of the goods at the beginning of the contract and then at the end to prove what damage occurred in your possession.

It is a legally binding decision but whether the Ombudsman takes that into account I have no idea but even if they don't find in your favour, you can reject their decision - it's only legally binding on you and startline if you accept it. If you reject it, then it is up to startline to bring legal proceedings, though some underhand tactics lenders have been doing is filing a default notice on your credit report which will no doubt have an adverse effect. The only way to force that off there is to bring legal proceedings yourself if it gets to that stage. I don't know if startline do issue default notices but certainly BMW and Mercedes do.

So you will need to decide which route you want to take, certainly I see no harm in taking it to the Ombudsman to start off with.

[Willow2811]

Re: Startline trying to screw me

You are super duper awesome. Thanks for that.

Yep, the charges are for damage and nothing to do with excess mileage and further, nope, no evidence of the condition of the car before I had it.

I sorted all the major stuff out on the car - I only ever had one very minor incident with it where it required repair. Sailed through its last MOT. So going by that case you've quoted, I've done exactly as I should have.

For the record, Startline have indeed recorded a default on my credit record, for monthly repayments missed(?) for a car I no longer have! Figured I could fight that bit once I've sorted this bit...

[Kati]

Re: Startline trying to screw me

For the record, Startline have indeed recorded a default on my credit record, for monthly repayments missed(?) for a car I no longer have! Figured I could fight that bit once I've sorted this bit...

personally (and I'm a stubborn bint ... or so my OH says) I'd be arguing that at the same time! You can complain to the ICO about inaccurate defaults if needs be, but I'd definitely be mentioning it in all correspondence with Startline and anyone else (FCA etc...)

[Willow2811]

Re: Startline trying to screw me

You should correct your OH "stubborn helpful bint" (If the bint needs to stay that is!)

I haven't actually contacted Startline since I found out about the default - I was waiting for their response to my last letter, which happened to be them telling me they were taking it as a complaint. As my credit score is pants anyway - that's how I ended up with Startline supplying my finance.

The amazing thing is, with a google search, I can't find Startline in any of the ombudsman complaints data!! What the actual hell!! I've heard lots of bad things about them and one other company...neither are there. Funny.

[Kati]

Re: Startline trying to screw me

(If the bint needs to stay that is!)

He's half Brummie half Austrian ... the 'bint' bit stays (it means 'woman' (ish) in Brummie)

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The amazing thing is, with a google search, I can't find Startline in any of the ombudsman complaints data!! What the actual hell!! I've heard lots of bad things about them and one other company...neither are there. Funny.

can you put up (or PM me) a link to their website??

[Willow2811]

Re: Startline trying to screw me

He's half Brummie half Austrian ... the 'bint' bit stays (it means 'woman' (ish) in Brummie)

Interesting combination!!
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can you put up (or PM me) a link to their website??

http://www.ombudsman-complaints-data.org.uk/

There it is. Not sure how good it is...

[Kati]

Re: Startline trying to screw me

http://www.ombudsman-complaints-data.org.uk/

There it is. Not sure how good it is...

and a link to Startline's (if you have one)??

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Interesting combination!!

tell me about it lol ... my toddler speaks Austrian/English and sign language at the same time/in the same sentence :0

[Willow2811]

Re: Startline trying to screw me

and a link to Startline's (if you have one)??

There wasn't anything in relation to Startline on there.

[Kati]

Re: Startline trying to screw me

There wasn't anything in relation to Startline on there.

not on the ombudsman website ... I want a link to their own (if you have one)??

[Willow2811]

Re: Startline trying to screw me

not on the ombudsman website ... I want a link to their own (if you have one)??

https://startlinemotorfinance.com/

[des8]

Re: Startline trying to screw me

'specially for you @Kati: https://startlinemotorfinance.com/

Crossed with Willow lol

[Kati]

Re: Startline trying to screw me

https://startlinemotorfinance.com/

'specially for you @Kati: https://startlinemotorfinance.com/

Crossed with Willow lol

thanks both of you xx

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No FAQ's :0 ??