Debt collection agaency...WTF?!!

[Kati]

Re: Debt collection agaency...WTF?!!

Thank you Yoda....but do I need to redact it first or do I just leave that to you?!

either or hun (I'm getting quite good at the redacting lark ) xx

[Willow2811]

Re: Debt collection agaency...WTF?!!

either or hun (I'm getting quite good at the redacting lark ) xx

So awesome, I'll just chuck it all your way then! Will have to be after work though. And then hopefully I can a response off fairly quickly after that as I'm running out of my 14 days!

[Kati]

Re: Debt collection agaency...WTF?!!

So awesome, I'll just chuck it all your way then! Will have to be after work though. And then hopefully I can a response off fairly quickly after that as I'm running out of my 14 days!

I'll get it sorted this evening and post it up for you xx

[Kati]

Re: Debt collection agaency...WTF?!!

got them [MENTION=101561]Willow2811[/MENTION] xx
[MENTION=71570]R0b[/MENTION]

[R0b]

Re: Debt collection agaency...WTF?!!

Did you receive a copy of the inspection report along with a breakdown of the damages? The complaint appears to suggest that they have also added charges because the car did not sell for what it expected at auction - I think that also needs clarifying too.

Also, was the car second hand? I think its hard to justify charging someone over £1,000 in damages to a vehicle especially if it was second hand unless they can absolutely confirm that the damage occurred whilst in your possession. You would have to be pretty negligent to rack up those sort of charges.

I can also see that they have suggested the car is returned in a good condition. I;m being pedantic but the CCA says reasonable and to my mind there is a difference between the too. Reasonable would be more along the lines of acceptable/average whereas I would say good is more like above average.

You could of course complain to the FOS about those damages and they might bacck track a little but the FOS is a like a lottery these days but you can at least reject their decision so you won't be bound by it if you aren't satisfied.

[Willow2811]

Re: Debt collection agaency...WTF?!!

I got a copy of the report when it went to the auction house, with really fuzzy pictures. The car was second hand yes. I wasn't retentive with it but I certainly wasn't negligent.

I plan to reject their decision. There's no way I'm paying that for the damages..I don't have it for a start. As for the debt collection crap - what the what now?! Anyway, this is what I had typed out ready to send in a letter:

I am writing to you regarding your letter dated 16^th June 2017.

I appreciate that you took the time to reassess the charges in relation to the vehicle, however I believe that the reduced charges are still outrageously high; completely disproportionate to the damage actually on the vehicle and failed to take into account the fact that the car was roadworthy and already in a good condition when returned, also having just had a full service and MOT.

This is my notification to you that I intend to escalate this issue to the Financial Ombudsman as I am very unhappy with the outcome of the complaint regarding damages.

I have also received a letter from Link Financial, dated 21^st June 2017, acting on your behalf, stating that now the agreement has been terminated, the full amount is now due. The vehicle was taken to Manheim Auctions in (Place), as per your request on 21^st April 2017, under Voluntary Termination. I find it outrageous that you expected me to return the vehicle and yet still pay for it also.

In relation to the letter from Link Financial received today, I request that you instruct the company working on your behalf to cease and desist in their pursuance of myself and confirm in writing that no further action will be taken.

What do you think?

[R0b]

Re: Debt collection agaency...WTF?!!

Personally I would send a simple one liner saying that you are progressing your complaint to the Ombudsman to consider the high fees. If they get enough complaints in one year, any additional complaint to the Ombudsman costs them £500 each time (If I remember, I think the first 25 are not charged) so even for that sake, they might get charged which should be a reason for them to stop being silly with charges.

OUt of curiosity, what are the break down of charges and when did you hand the car back? The reason I ask is that if the car was worth X when you first took it on and then it was valued at Y when you handed it back, perhaps you could argue that even if the car was not in a reasonable condition (which you would deny), the car would have only had a resale value of Z even if it was repaired to a reasonable condition, the damages being claimed far exceeds that and they shouldn't be compensated to put the car in a better conditon other than reasonable - Thats just something I thought off the top of my head, it might not work and you could consider checking free valuations but that would only be worth it if you were willing to pay something.

As it is a used car, it would be up to them to prove that the damage happened in your possession. If you do a search on this forum for Brady v St Margaret's Trust you will find the well known quote I put out on here.

[Willow2811]

Re: Debt collection agaency...WTF?!!

It went to the auction house on 21st April...so I guess that's the official date? The breakdown of charges are in my bunch of paperwork somewhere downstairs! But it was a mix of scratched alloys, scratched wing, scratched bumper, that kinda thing I think.

I need to get the debt collection agency off my back too though - surely going to the Ombudsman about the charges isn't going to do that?

[R0b]

Re: Debt collection agaency...WTF?!!

The FCA Handbook CONC says somewhere that they should not pursue a debt where it is disputed and is being raised with the FOS. I can't remember anywhere but Startline can't do anything until the FOs has made their decision - the court's would take a dim view if they issued proceedings whilst a complaint has been forwarded to the FOS.

[Willow2811]

Re: Debt collection agaency...WTF?!!

Even if they're for different things? Like, one is for damages and one is for the remaining balance...?