Mark Turnbull

[Guest]

Good afternoon.

I have just recently voluntarily terminated my finance agreement. My account is up to date.

This being said they are now in the process of trying to recover £1800 worth of damages. The car is a 2012 plate.

When I first bought the car the car was a used car and had 50,000 miles on the clock. They are trying to hold me accountable for these damages even though the car was already like this when I purchased the vehicle so obviously it’s going to have west and tear problems.

I have also paid more than my 50% share towards the car so I am within my rights to end this. They have the car back now but have just recently told me I need to pay this before they can sign the agreement off and take it away from name.

I have never VT my car before so I don’t really know the ins and outs of this. I’ve also been made aware the car is not going into the body shop to be repaired or anything like that and that the car goes to auction as it is.

So I am a bit confused to what damages I’d be actually paying for. The car is in reasonable condition minus the damages that are on the car which haven’t been created by myself.

Can someone give me some advice and elaborate more on this matter as it’s giving me a headache.

Thanks.

Mark

[2222]

Do you have any evidence of the condition the car was in when you got it?

[Mark T]

I don’t have evidence of this no as I didn’t think I would be in this predicament when I purchased the car. I have pictures of the car from the last few months showing the car looks perfectly normal. The car is in perfect working condition it is purely just the cosmetic look of the car that they are trying to hit me with the charges. I just don’t want to end up paying for something that I haven’t caused. Just also don’t understand what the money would be going towards because it’s not going to be repaired as it goes to auction the way it is. Well so I’ve been told anyways. So there is no receipts or invoices or anything like this stating the damage is going to repaired.

Where do i stand with this? I have contested it so far.

[R0b]

Vehicle damage is subjective so you either pay up or continue to dispute it. I would suggest if you haven't already, send them a prove it letter and ask them for evidence that the damage they are claiming for was actually caused by you and not, as you suggest, by the previous owner(s). If they don't then make a formal complaint to the Financial Ombudsman and see what they have to say.

[Mark T]

Ahhh I see.

Well i replied back to the email that startline sent me showing me the damage apprasial form of quoting me 1800. Pound. After them receiving this and sending it head office because I point blank refused to pay up, I made a phone call to them today. Because they told me my account had went into arrears because I cancelled the direct debit because of what I was told from one member of staff from a previous phone call to them. They told me if I was in possession of the vehicle I had to keep up payments. Even though the VT was already in process. However, since being on the phone to them tonight I am now made aware that they have reduced the damages to to 260. So they have knocked off almost 1600 pound. Which is crazy because of 1 email. Seems to me like they have reduced it because I was not budging and they’d rather try get something out me rather than nothing.

I am alresdy in contact with the financial ombusdman about this whole VT and about the account being arrears. They advised me to pay the arrears and then they can chase up startline if I was treated unfairly. Because I handed the car back to Mannheim 2/11/18. There was a payment due the 1/11/18. But from a staff member within startline they told me I am not liable for this payment. Whilst on the other hand someone else from startline is saying the complete opposite. Saying I am liable.

I think they are just trying to claw back as much money from myself as possible.

[R0b]

If you were told that you are required to keep up the payments over the telephone despite giving notice to terminate the agreement, then you might want to send a subject access request and get them to supply you all recorded calls (example template in my signature on the link). You should look to giving them dates and estimate times of when the call took place so they can search their records. The staff member you spoke to is absolutely wrong on this and also so is the person whoever you spoke to at the Ombudsman.

Your first port of call is to make a formal complaint to Startline, they have 8 weeks to issue a final decision and then you go to the Ombudsman after that. There's a process and you need to follow it if you haven't done so already.

I would also demand an explanation from them as to why you are still liable to pay the instalments despite the agreement terminating on whatever date, and also how they have suddenly decided to deduct £1,600 from the list vehicle damage allegedly caused by you.

[Mark T]

Yes I was told over the phone that whilst I am in possession of the vehicle I need to keep up payments of the veichle. My account was all up to date when I put the letter in to terminate the agreement. I had to take the car into Mannheim the 26/10/18 but due to not being told to take the correct documentation they refused the car so I called startline. And I explained them what had happened and that I was due a payment to them on the 1/11/18. The person on the phone them said to me don’t worry aslong as the VT process had already taken place I wouldn’t be liable for payment. However they have no recollection of this phone call even though I had the proof of the call from my network provider. However the financial ombudsman told me to just pay the arrears just now so it didn’t have a detrimental effect on my credit. He said any money owe to you we can then step in once I get a first response from startline.

I had already raised a complaint and they sent it head office for the arrears but said I was still liable for the shortfall. I’ve paid it in the meantime. I am going to ask for a first response so then I can go back to the financial ombudsman.

In regard to the charges for damages I am a bit confused to why they have reduced them down to one email because I refused to pay and I said I wanted proof of the vehicle being repaired and I wanted invoices and things. Seems like they just want some sort of payment because if they were armament the damages were caused by myself then they wouldn’t have budged. What will happen if i continue to dispute this?

[R0b]

If you've made the instalment payment, your unlikely to get that back unless the Financial Ombudsman thinks you should get it back - making a payment is considered an admission.

Not sure why you are confused, you asked for evidence, they reduced the charges. What does that tell you? Strictly speaking, they don't have to have it repaired, all the need is proof you caused the damage or you negligently allow it to be caused whilst in your possession.

If you continue to dispute, either they will harass you for payment, write it off, or even mark your credit file. If you aren't prepared to be in it for the long haul I would suggest you pay up now.

[Mark T]

I have no idea what does it tell me that they reduced the payments? Is that because they don’t have evidence that I caused it and they can’t provide sufficient evidence such as invoices and receipts for so called damages! I am prepared to keep disputing it. Because I certainly am not paying for something I haven’t caused. They can’t prove that the damage was caused by myself so therefor I don’t think they have an argument here. Il just have to wait it out and see what they say and hopefully the financial ombudsman can recover something that I shouldn’t have paid.