RCI Finance VT MOT and damage fees

[Guest]

Thank you for reading my post, I really hope someone can help.

We returned out car via voluntary termination with about 4 months left.* Prior to this we looked at exchanging for a new vehicle and Renault advised that it was in excellent condition.

When the vehicle was inspected and collected we disputed the fees that they requested.

1. They are trying to charge*us for a missed service even though the book is stamped (and in their possession)*and*we sent them an email from the dealership showing the service taking place.*
2. We purchased the vehicle as a used vehicle.* On closer inspection when we got home, we noticed paint damaged inside the door from the seatbelt.* Are paperwork advised to call the dealership which we did but we needed the car so asked them to record the existing damage on their paperwork.
The did not do this so we are being charged; I contacted the dealership asking that they find the paperwork from when they purchased the car (which would show the existing damage) but they have lost it, so again we are being charged.

I have tried to compromise with RCI finance explaining that they have the service book showing that a service did take place and that Renault did not record us reporting damage and that they cant find the paperwork from where they purchased the vehicle.* I asked if we could come to a compromise over the payment and that we would be willing to pay all other fees but they are refusing to budget.

They are asking me to get evidence that they know I can not get plus the dealership is closed due to COVID19.

They are threatening me with bailiffs so any advise would be greatly appreciated.

*

[R0b]

If the car is second-hand, the onus is on them to prove that the damage was not there at the time you took possession. In civil disputes, the general rule is that the burden of proof rests with the party alleging a particular set of facts. In other words, it is not the defending party's duty to prove, it is the party seeking the legal remedy that must prove its case and bear the burden of proof. This position has lasted many centuries and continues to this day.

If they are threatening you with bailiffs then I can only surmise that this is being done over the telephone because in order to send out bailiffs they need to have taken you to court, and I would be very very surprised that RCI has sent you a letter that says if you don't pay up then they will send the bailiffs out to collect the money. Otherwise, they would be misrepresenting the law.

What is the outcome you are looking for?

[TBar]

Hi Rob,

Thank you for your reply.

I am wanting RCI to take off the fee for the service as they have the evidence that this did take place (service book) and to remove the fees for the damage that was present when we purchased the car.* This would mean that we would need to pay at least 65% of the fees but they are demanding the full amount.
We have had telephone conversations with RCI and they have told my husband and myself that they would have to get debt collectors involved.

[TBar]

After complaining and posting on social media, RCI called us and agreed to remove some fees so we only ended up pay 45% of the original charge.* We were happy to settle and pay immediately to settle the dispute.

[R0b]

Well that was fast, glad it got sorted in the end. Debt collectors are not the same as bailiffs as they have virtually no legal powers beyond calling and writing to you.