Voluntary Termination - Inspection Report Damages

[hnm2015]

Hi All,

I recently voluntarily terminated my agreement on a 58 reg Vauxhall Corsa after getting half way through the agreement (30 months) and after having the inspection report conducted by Manhein have received a bill for £439.00.

The credit agreement was originally with Moneyway with inital loan of £4000 and paying back a total of £11000 over 5 years (stupidly big interest, hence the VT).

When they came out to do the report my girlfriend was in and gave them the keys/log book and did the report. They did give her a figure straight away for damages but did not sign it.... i did not see the report until I was home. 5 days later they sent a letter in the post saying I owe £439 and this must be paid before it gets transferred to debt collectors within 14 days.

They have provided pictures of the damages and pricing along side it. The car imho was in really good condition, inside and out. It was bought when nearly 6 years old and therefore was nowhere near perfect at the time. The only damages it has are ones that I would consider within the definition of wear & tear (I know this is subjective). The damages I have been billed for include two scuffed alloys, which I have been billed £44 for each, gouged centre bumper (£58),Bonnet Corrosion/Rust £125,Dent in rear door £48, Deflated spare tyre £120.

I can upload pictures of the damage if needed but honestly I cannot see what they are talking about.

Unfortunately I did not take pictures of the car before it was collected.

I firstly want to know where I stand on this, secondly what I should do next (template letter perhaps to get the ball rolling on an appeal and thirdly if the suggestion from the forum is that I am liable then what will happen realistically if I do not pay?

Thanks so much in advance, these places just try robbing you of as much money as they can!!

[R0b]

Re: Voluntary Termination - Inspection Report Damages

Hello

Take a look at the link below in my signature for information on VT and a few template letters. If you are still struggling, post back and I'll try to help.

[hnm2015]

Re: Voluntary Termination - Inspection Report Damages

Thanks Rob,

All is very useful information. I think I will use the letter below but remove any reference to additional payments;

Dear Sir/Madam,

Re: Voluntary Termination

Agreement Number:
Vehicle Registration:

I am writing to you with reference to the above matter and your letter dated [DATE]. Please note that liability in relation to the alleged outstanding balance for excessive damage to the vehicle is denied.

The vehicle was maintained in a reasonable condition throughout the period of the agreement and therefore such damage charges you are claiming would amount to fair wear and tear; the vehicle does not need to be returned to you in any better condition other than a reasonable one. Photographic evidence was taken prior to the vehicle being transferred to you which clearly shows that the vehicle was in a reasonable condition. The onus is on you to prove that the alleged damage caused was more than reasonable fair wear and tear.

Notwithstanding the above, I have paid circa [XX%] of the total amount payable and any alleged damage to the vehicle would be covered by these additional payments.

[USE THE EITHER THE PARAGRAPH ABOVE OR BELOW]

Notwithstanding the above, I am prepared to pay a reasonable sum of [£XXX.XX] relating to the [DESCRIBE WHAT COSTS ARE FOR].

In any event, such sums you are alleging to be owed may only be recovered by a court order only and should you wish to pursue this matter in court, your application will be strongly defended.

Please confirm by return that you agree to the payment above / this matter is now closed.

Yours faithfully,


[NAME]

Would that be your next suggestion?

[hnm2015]

Re: Voluntary Termination - Inspection Report Damages

Hi Rob,

I sent the email I posted in the above comment and had an letter back explaining that they are investigating the process and will get back to me.

However after checking my credit report I have seen that even though I voluntary terminated the car in May, I have a default (missed payment) against my MoneyWay account which has significantly affected my rating (reduced it by 50%). I was aiming to get a mortgage in the next 4 months, and this will dramatically change my success rate.

I complained to Equifax and after investigations MoneyWay have stated that the £400 (ish) is due for damages and therefore the default should remain. CAN THIS BE RIGHT?? I wasn't given a deadline to pay the money and would have thought my email confirms that I am not accepting liability?

Really really could do with some advice on this!

Thanks in advance

[R0b]

Re: Voluntary Termination - Inspection Report Damages

It can't be a default because the agreement has been terminated and it is an alleged which would need to be recovered through the courts. The only way you are going to get around this is go to court and have it removed.

If you go down this route then you wil need to start with a letter before action sent to moneyway. The damages did not form part of the monthly instalments or the loan itself and it is provided under the CCA but they would need to go to court to approve it. so in my opinion cannot put a default on your account and are doing this a bit underhand as incorrectly showing it as a missed payment.

[hnm2015]

Re: Voluntary Termination - Inspection Report Damages

Thanks for the quick reply Rob. I didn't think it sounded correct because the agreement is finished.

So I should contact MoneyWay next? What should I say? DO you have a template letter?

How likely do you think it will be that I can get this default removed... really worried about my chances of getting a mortgage

[R0b]

Re: Voluntary Termination - Inspection Report Damages

Yes you should contact MoneyWay next, can you tell me who carried out the inspection, was it Manheim? Was the inspection under the BVRLA guidelines? Once I have that information I can then put something together.

Although there is no point in doing this if you are not prepared to go to court over it, I presume you will if you are seeking a mortgage vry soon

[Asuoonline]

Re: Voluntary Termination - Inspection Report Damages

Hi my Friend I have been in the same situation as you, I VT my 2009 Ford Focus with Moneyway in April 2016, car was kept in good shape no scratches whatsoever until Manheim came and inspected the car they came up with all sorts of damages worth £625 I disputed this, wrote lots of letters but they were not buying any of this, I referred them to the financial ombudsman but they were unable to rule in my faviour because their charges were in line with the were n tire policy. My credit file is showing a default from April of £625 from moneyway, out of principle I have told them to shove this as I will not pay a penny and they can send me to any court in the land, I can afford to take this stand because I don't give a damn about my credit report but in your position I will just pay to avoid the default to bring your credit report to a reputable position for you to apply for your mortgage. They are nasty company dispite all the profit they made form the original loan they were not satisfied they wanted more.