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HI all,
I voluntary terminated my finance some 12 weeks ago, contacted GMAC, received the termination papers and signed/returned etc and then had a vehicle inspection on the day of collection. They have billed me for 3 sets of 'damage' on the vehicle totalling £173. I was then contacted by Shoosmiths 'demanding' me to pay £372.50 of which £199 is for GAP insurance (which I strongly deny that I agreed to in the salesroom but shoosmiths have now sent me an email with documentation with my signature on) any help/advice?
Emails received/ sent
Dear Mr *********
I write with reference to the above matter and further to your email below, the contents of which have been noted.
Before I am able to discuss this matter with you in further detail please may I request that you answer the following questions;
- Your Full Name including any Middle Names;
- Your Full Address including Postcode; and,
- Your Date of Birth
The reason that I am requesting this information is to ensure that I am speaking to the named customer on this file and I’m not divulging any personal information to an unauthorised 3rd party.
I look forward to hearing from you.
Kind Regards
Claire *******
Evenings Negotiations Case Handler
SHOOSMITHS LLP
03700 86 3193 UK fax
My response.
Ref: M-***********************
GMAC UK plc
Reg:*************
Mr *******************
Hello, Thank you for your letter regarding liability upon termination. I strongly deny this claim and find the car was well maintained and returned in a very high condition within acceptance of fair wear and tear. As I have paid £415.10 over the 50% total amount payable I find this figure covers any amount owed.
In relation to the front left alloy damage described by the inspection report as 'scuffed', GMAC's returning your vehicle letter, which was sent to me on April 7th states, "minor scuffing is acceptable up to 25mm" which my personal photographic and measurement evidence suggest this is within fair wear and tear. The inspection report fails to deliver a precise measurement and i find this part of your clients claim now closed. Not only this but i believe i purchased alloy wheel protection within my finance so this would also cover any damage.
I also request documentation for proof of repairs for this vehicle or please make the vehicle available for a private independent inspector to verify the damage and figures.
I also have issue with the additional product liability section of your clients claim regarding GAP and PPI insurance i presume? I request original documentation of the 'purchase' with my signature on to verify this claim to be sent to me as i strongly believe i denied acceptance of these products upon purchase of the vehicle and would take legal action towards being mis-sold these products.
Regards ******
okay so 6 Weeks later!!!! this arrives today 30/06
Good Afternoon Mr ********,
Thank you for your email.
I do apologise for the delay in responding – we have been awaiting the paperwork from GMAC to help with your GAP insurance query.
Please find attached a copy of your agreement and voluntary termination paperwork which confirms your liability for the outstanding additional products. I refer you to section 4 of the agreement headed ‘Goods & Services’. You can clearly see that under GAP insurance the cash price was for £399.00. This was paid in full by GMAC on the onset of the agreement and you have since been repaying them through monthly installments. On the attached Voluntary Termination paperwork signed by yourself and returned to our client you can see that GMAC did make you aware of this balance outstanding.
The damages stated in the Vehicle Inspection Report, attached for your reference, are outside of the Fair Wear and Tear Guidelines. The Guidelines were provided to you at the point of Voluntary Termination and state that ‘Any damage or repair should be undertaken at the earliest opportunity, and any lost or missing items replaced’. By continuing through the process and signing to agree with the terms and conditions, shows that you have been made aware and agreed to the guidelines.
Furthermore, your Agreement would have also highlighted the following clauses which you are legally bound by:
· ‘If you fail to keep the Vehicle in good repair and condition as required by the Agreement, you may have to compensate us [GMAC] and pay our reasonable costs incurred by us a result’.
· ‘You will keep the Vehicle in good condition and repair which means that the Vehicle must: be free from mechanical or body damage; in its original paintwork and trim…’
Whilst we take in to consideration that you paid over the half way point of your agreement to voluntary terminate, it remains your responsibility to take reasonable care of the goods whilst it is still in your possession. After the agreement is terminated, the vehicle is assessed for any damages to ensure that the contract was not breached; because you returned the goods in this particular condition, you become liable for the repairs regardless of how much you have paid towards the finance.
Front Alloy Wheel L Scuff – The fair wear and tear guidelines clearly state that “minor scuffing is acceptable up to 25mm in length. Scoring and other damage to alloy is outside of wear and tear”.Additionally the British Vehicle Rental and Leasing Association (BVRLA) Standards state that “any damage to the wheel spokes and the hub of the alloy wheel is not acceptable”. Despite the fact that the damage is below 25mm, the damage has been caused to the spoke of the alloy and therefore is not accepted as within fair wear and tear. You have also stated that you had alloy wheel protection. This may well be the case, but this should have been claimed and reparied before the car was inspected and collected.
Rear Door R Dent – As stated within the guidelines, “the vehicle must be sound, well maintained and free from any panel damage or disfigurement.” Further to this, the guidelines state that “very minor dents up to 10mm are acceptable”. You can see from the attached photograph that all of this dent has exceeded this allowance, and therefore you remain liable for this charge.
Rear Bumper Gouges – The fair wear and tear guidelines state that there must be no more than 2 dents per panel. As you can see there are a number of dents on this bumper, and Manheim have marked this as multiple. Therefore you remain liable for this charge.
Our client is legally justified in looking to recover sums arising in connection with a customer’s failure to take reasonable care of the vehicle. The legislation is clear that a creditor is entitled to compensation for a customer’s breach of an obligation to take reasonable care of the goods, but there is no legal requirement that repairs are then carried out to rectify the damage, as the monies claimed for the damage are intended to compensate us for the deterioration in value of the vehicle. After your vehicle was assessed, damages to the sum of £173.00 became payable.
In light of the above, we can confirm that you remain fully liable for the full outstanding balance of £372.50. However in willingness to resolve this matter, as a gesture of good will, we are happy to accept a reduced settlement on the repairs balance only. If you would like us to calculate a figure for you please contact the office to discuss this further.
Nevertheless if you are continuing to dispute the repairs matter, then we would suggest you perhaps seek independent legal advice. We have attached a document with some organisations who could offer help should you need to.
We look forward to hearing from you within the following 7 days with your intentions to repay your outstanding liability.
Kind Regards
Naomi *******
Negotiations Case Handler
Thanks, apologies if I have been abit vague.
L
I voluntary terminated my finance some 12 weeks ago, contacted GMAC, received the termination papers and signed/returned etc and then had a vehicle inspection on the day of collection. They have billed me for 3 sets of 'damage' on the vehicle totalling £173. I was then contacted by Shoosmiths 'demanding' me to pay £372.50 of which £199 is for GAP insurance (which I strongly deny that I agreed to in the salesroom but shoosmiths have now sent me an email with documentation with my signature on) any help/advice?
Emails received/ sent
|
May 17 |
|
||
I write with reference to the above matter and further to your email below, the contents of which have been noted.
Before I am able to discuss this matter with you in further detail please may I request that you answer the following questions;
- Your Full Name including any Middle Names;
- Your Full Address including Postcode; and,
- Your Date of Birth
The reason that I am requesting this information is to ensure that I am speaking to the named customer on this file and I’m not divulging any personal information to an unauthorised 3rd party.
I look forward to hearing from you.
Kind Regards
Claire *******
Evenings Negotiations Case Handler
SHOOSMITHS LLP
03700 86 3193 UK fax
My response.
Ref: M-***********************
GMAC UK plc
Reg:*************
Mr *******************
Hello, Thank you for your letter regarding liability upon termination. I strongly deny this claim and find the car was well maintained and returned in a very high condition within acceptance of fair wear and tear. As I have paid £415.10 over the 50% total amount payable I find this figure covers any amount owed.
In relation to the front left alloy damage described by the inspection report as 'scuffed', GMAC's returning your vehicle letter, which was sent to me on April 7th states, "minor scuffing is acceptable up to 25mm" which my personal photographic and measurement evidence suggest this is within fair wear and tear. The inspection report fails to deliver a precise measurement and i find this part of your clients claim now closed. Not only this but i believe i purchased alloy wheel protection within my finance so this would also cover any damage.
I also request documentation for proof of repairs for this vehicle or please make the vehicle available for a private independent inspector to verify the damage and figures.
I also have issue with the additional product liability section of your clients claim regarding GAP and PPI insurance i presume? I request original documentation of the 'purchase' with my signature on to verify this claim to be sent to me as i strongly believe i denied acceptance of these products upon purchase of the vehicle and would take legal action towards being mis-sold these products.
Regards ******
okay so 6 Weeks later!!!! this arrives today 30/06
Good Afternoon Mr ********,
Thank you for your email.
I do apologise for the delay in responding – we have been awaiting the paperwork from GMAC to help with your GAP insurance query.
Please find attached a copy of your agreement and voluntary termination paperwork which confirms your liability for the outstanding additional products. I refer you to section 4 of the agreement headed ‘Goods & Services’. You can clearly see that under GAP insurance the cash price was for £399.00. This was paid in full by GMAC on the onset of the agreement and you have since been repaying them through monthly installments. On the attached Voluntary Termination paperwork signed by yourself and returned to our client you can see that GMAC did make you aware of this balance outstanding.
The damages stated in the Vehicle Inspection Report, attached for your reference, are outside of the Fair Wear and Tear Guidelines. The Guidelines were provided to you at the point of Voluntary Termination and state that ‘Any damage or repair should be undertaken at the earliest opportunity, and any lost or missing items replaced’. By continuing through the process and signing to agree with the terms and conditions, shows that you have been made aware and agreed to the guidelines.
Furthermore, your Agreement would have also highlighted the following clauses which you are legally bound by:
· ‘If you fail to keep the Vehicle in good repair and condition as required by the Agreement, you may have to compensate us [GMAC] and pay our reasonable costs incurred by us a result’.
· ‘You will keep the Vehicle in good condition and repair which means that the Vehicle must: be free from mechanical or body damage; in its original paintwork and trim…’
Whilst we take in to consideration that you paid over the half way point of your agreement to voluntary terminate, it remains your responsibility to take reasonable care of the goods whilst it is still in your possession. After the agreement is terminated, the vehicle is assessed for any damages to ensure that the contract was not breached; because you returned the goods in this particular condition, you become liable for the repairs regardless of how much you have paid towards the finance.
Front Alloy Wheel L Scuff – The fair wear and tear guidelines clearly state that “minor scuffing is acceptable up to 25mm in length. Scoring and other damage to alloy is outside of wear and tear”.Additionally the British Vehicle Rental and Leasing Association (BVRLA) Standards state that “any damage to the wheel spokes and the hub of the alloy wheel is not acceptable”. Despite the fact that the damage is below 25mm, the damage has been caused to the spoke of the alloy and therefore is not accepted as within fair wear and tear. You have also stated that you had alloy wheel protection. This may well be the case, but this should have been claimed and reparied before the car was inspected and collected.
Rear Door R Dent – As stated within the guidelines, “the vehicle must be sound, well maintained and free from any panel damage or disfigurement.” Further to this, the guidelines state that “very minor dents up to 10mm are acceptable”. You can see from the attached photograph that all of this dent has exceeded this allowance, and therefore you remain liable for this charge.
Rear Bumper Gouges – The fair wear and tear guidelines state that there must be no more than 2 dents per panel. As you can see there are a number of dents on this bumper, and Manheim have marked this as multiple. Therefore you remain liable for this charge.
Our client is legally justified in looking to recover sums arising in connection with a customer’s failure to take reasonable care of the vehicle. The legislation is clear that a creditor is entitled to compensation for a customer’s breach of an obligation to take reasonable care of the goods, but there is no legal requirement that repairs are then carried out to rectify the damage, as the monies claimed for the damage are intended to compensate us for the deterioration in value of the vehicle. After your vehicle was assessed, damages to the sum of £173.00 became payable.
In light of the above, we can confirm that you remain fully liable for the full outstanding balance of £372.50. However in willingness to resolve this matter, as a gesture of good will, we are happy to accept a reduced settlement on the repairs balance only. If you would like us to calculate a figure for you please contact the office to discuss this further.
Nevertheless if you are continuing to dispute the repairs matter, then we would suggest you perhaps seek independent legal advice. We have attached a document with some organisations who could offer help should you need to.
We look forward to hearing from you within the following 7 days with your intentions to repay your outstanding liability.
Kind Regards
Naomi *******
Negotiations Case Handler
Thanks, apologies if I have been abit vague.
L
