Voluntary termination car finance

[Harley096]

Hi,

I did a VT on my car in September 2017, they went through the "damages" (scuffs to alloys and minor dents) and costs, I refused to sign at the time as I did not agree with the charges. They left, with the car, saying that they would be in touch to discuss what I was disputing. I had no contact other than a letter through last week (January 2018) stating the same charges for repair work and excess mileage stating that I have to pay within 14 days. I have since contacted them and emailed to state that I was disputing the charges as the "damages" are reasonable wear and tear and the car is still very much road worthy with recent MOT and full service history. I also questioned why it had taken them 4 months to contact me about this, no answer from them on this.

I have since found out that they have sold the car on in November 2017. Does this mean that they have sold the car without me agreeing to pay the repair costs and done them anyway, or sold the car on without completing any repair work, yet still trying to charge me for this?

Should I ask if they have proof of repairs made to the car or ask, if indeed, they still have the car?

Any advice on where I go next and whether I still need to pay if they have sold the car on?

Any advice greatly appreciated @R0b

[R0b]

The argument about them not paying for repairs is always a bit wishy washy. I tend to say throw it in the mix anyway but most are quick to come back that they do not have to carry out the repairs and strictly speaking that's true. I think if the matter were to end up in court on this point, you would probably lose as a judge is likely to side with them saying that if you breached the agreement, they should be put in the position had the contract been performed. The only time the repair charges argument might have some sway is where they are claiming other damages e.g. where the car has depreciated in value. At that point, you could say they are only entitled to the cost of repairs because they failed to mitigate their losses.

Whether the damage is fair wear and tear is a subjective one. Always bear in mind that lenders will use the BVRLA Guidelines which in my view is not appropriate and requires you to look after the car more than just a reasonable standard. Hence the CAP HPI Conditions are more useful as they take into account the age of the car.

If you can find out information as to what the car sold for and if the value wasn't affected by the damage or was less than is being claimed you should point to that as evidence too.

[Harley096]

I thought this might be the case.

Thank you

[Carmello13]

Good afternoon all. Apologies if this has been answered previously / repeatedly.

I VTd my car with GMAC finance (vauxhall) in March. They collected the car after trying to make me pay a collection fee, which I refused, and provided me with paperwork etc to say all was sound.

I received a letter a few weeks later saying all payments were received, no damage etc, but that I had to pay 1200 in excess mileage charges.

I'd stated an annual mileage of 6000 miles per year apparently, and I'd done 27k upon handing it back. This is still a lot below consumer average of 12k per year I believe.

I sent the initial template letter stating I was not liable for the charges nor where they enforceable, as per the legal bits and bobs (which my brain can never get around unfortunately), but they relied saying i had signed a contract, of which they sent me a copy, and that as I'd gone over the stated mileage I had to pay. End of.

I've read a lot of the posts in this forum and was optimistic, but now I'm it so sure as I did sign a contract at the beginning.

Like others, the sales woman reduced the mileage to fit the price I could afford and initially I kept within the 6k although an enforced house move meant .y commute tripled. Thus increasing my mileage.

I guess I just want to know shall I continue to refuse liability for this and fight it, sending another letter to this effect, or am I in trouble??

I am unsure which template letter on here fits the bill if I was to send a second one.

Any help?
Thankyou all.
xx