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Voluntary Termination - subsequent charges

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  • Voluntary Termination - subsequent charges

    I returned my vehicle to RCI Financial Services in the latter part of March 2018. All went well until today 25th May 2018 when I received an invoice for the repair to a front alloy wheel (paint damage) which was reported at the time of collection which I had no option to accept as they would not collect the vehicle and a charge would be made for a non collection. After 2 months I would not expect to receive an invoice especially as I spent £294.00 on a service and MoT which technically wasn't. Apparently they are working through a back log and it was my choice to have the service and MoT. I don't think this reasonable.
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  • #2
    when I received an invoice for the repair to a front alloy wheel (paint damage) which was reported at the time of collection which I had no option to accept as they would not collect the vehicle and a charge would be made for a non collection
    First of all, it would be unreasonable on the agent's part to refuse collection of the vehicle because you don't agree with the alloy damage. I think RCI would find it very difficult to argue that point if it went to court as it would be out of all proportions. Second, you mention 'the time of collection' I assume you mean when you first collected it? If so, where's your evidence? If you don't have any the onus is still on RCI to prove that it wasn't damaged when you first took possession - something they are probably almost unlikely not going to be able to prove. The burden of proof rests with RCI that the damage was caused in your possession, not the other way around.

    As for the service / MOT, RCI are correct. If you went out of your way to service and have the car put through a fresh MOT when it wasn't due at the time (and also because your obligations fall away upon termination) then it was entirely your choice to do so. Perhaps you can argue the point and offset against the £294.00 charge but I do not think you would get very far with it.

    You say its unreasonable but you entered into a contract with RCI under a hire purchase agreement. For a breach of contract there is a limitation period of 6 years from the date of the breach (which would be when it was first reported i.e. the day of collection) to bring a claim against you to recover any compensation. However unreasonable you may think it is, RCI are well within their rights to invoice you and I can understand they may be backlogged hence the delay, some companies work from date received only no matter what the risks are, Royal and Sun Alliance being a prime example.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    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 type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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    • #3
      Hi I also need some advice on the same topic. I did voluntary termination Nov 17. My vehicle was a 2007 ford galaxy value 2000-3000, low mileage for its age, and good condition. A few weeks after I'd taken it to Mannheim auctions I got a bill for £6500 for alleged damages (even though the car was advertised on their site as silver standard mechanically). The list makes an interesting read! I complained to start line finance company that this was utterly ridiculous and they dropped it to £1000 since the car sold that week 'for more than expected'. They refuse to give me a breakdown of what this £1000 is for even after going through their complaints procedure. They have instructed debt collectors link financial who are hounding me. Ive written to them to say I dispute the debt. What do I Do? Where do I stand?

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