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Hi,
I'll try my best to go through this and hope I don't miss any details.
I recently voluntarily terminated a PCP finance contract (10,000 a year) on a Volkswagen Polo. I have owned the car for about 2.5 - 3 years. The car is a 12 plate (5 years old now) and had about 13,000 mile on it when I got it. My circumstances changed in the amount of miles I am now required to do so I needed to get rid of the car. I contacted VWFS and began the voluntary termination I was told on letter that I had nothing owed on the contract that I would be contacted by BCA and they would inspect the car. The car had 37,000 miles on it so I was quite under the mileage limit. I had all the documents and the car was fully serviced to manufacture recommendation. I also have pictures of the vehicle just before the inspection
After BCA inspected the vehicle I was told I owed VWFS £1400+ for damages to the vehicle (Which for the condition of the vehicle was absolutely ludicrous but I understand it may be the company trying to make up for lost value.) After the inspection I told BCA that I disputed the cost and was told I needed to contact VWFS to begin the dispute process. After going through the report I agree with £608.66 worth of the charges I contacted VW to dispute and was told I would have to wait for the official invoice before I dispute.
The official invoice has arrived and I have disputed parts I don't agree with over the phone and VW have confirmed I have entered the official dispute process. I am currently waiting for a response but presume that they will not budge on any of the charges. In the meantime after doing some research on this site, below I have drafted this letter. Please could someone with familiarity with this process tell me if it is okay?
Additionally, is an amount like £1400+ a number a finance company like this is willing to take someone to a small claims court?
Thank you for any help in advance.
Dear Sir/Madam
I am writing to you with reference to the above matter and your letter dated 16th August 2017. Please note that liability in relation to the alleged outstanding balance for excessive damage to the vehicle is denied.
Section 100 (4) of the Consumer Credit Act 1974 explicitly states that there is an obligation to take reasonable care of the goods. Although the CCA does not provide a definition of what is meant by the word “reasonable”, a common sense interpretation in relation to a vehicle is that it must be returned in a roadworthy condition i.e. it has an up to date MOT, serviced regularly and mechanically sound. A fair and reasonable vehicle taking into account its use may have some minor cosmetic defects (which would include touch ups to the paint and body of the vehicle) but not major defects that would make the car undesirable.
Additionally, you have referenced the BVRLA’s Fair Wear and Tear Guidelines. The BVRLA Guidelines are used in relation to leasing and renting of commercial vehicles; the guidelines therefore have no relevance to this dispute as the vehicle under the Agreement was a non-commercial vehicle purchased at a dealership.
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 am prepared to pay a reasonable sum of £608.66 in full and final settlement relating to the wheel LHF, wheel RHF, tyre LHR, tyre RHR, screen front, rear bumper and VAT. Any additional charge I will decline as I feel that this is a fair and reasonable cost for the condition of the vehicle on its return to you.
Please confirm by return that you agree to the payment above.
Yours faithfully,
xxxxxxx
I'll try my best to go through this and hope I don't miss any details.
I recently voluntarily terminated a PCP finance contract (10,000 a year) on a Volkswagen Polo. I have owned the car for about 2.5 - 3 years. The car is a 12 plate (5 years old now) and had about 13,000 mile on it when I got it. My circumstances changed in the amount of miles I am now required to do so I needed to get rid of the car. I contacted VWFS and began the voluntary termination I was told on letter that I had nothing owed on the contract that I would be contacted by BCA and they would inspect the car. The car had 37,000 miles on it so I was quite under the mileage limit. I had all the documents and the car was fully serviced to manufacture recommendation. I also have pictures of the vehicle just before the inspection
After BCA inspected the vehicle I was told I owed VWFS £1400+ for damages to the vehicle (Which for the condition of the vehicle was absolutely ludicrous but I understand it may be the company trying to make up for lost value.) After the inspection I told BCA that I disputed the cost and was told I needed to contact VWFS to begin the dispute process. After going through the report I agree with £608.66 worth of the charges I contacted VW to dispute and was told I would have to wait for the official invoice before I dispute.
The official invoice has arrived and I have disputed parts I don't agree with over the phone and VW have confirmed I have entered the official dispute process. I am currently waiting for a response but presume that they will not budge on any of the charges. In the meantime after doing some research on this site, below I have drafted this letter. Please could someone with familiarity with this process tell me if it is okay?
Additionally, is an amount like £1400+ a number a finance company like this is willing to take someone to a small claims court?
Thank you for any help in advance.
Dear Sir/Madam
I am writing to you with reference to the above matter and your letter dated 16th August 2017. Please note that liability in relation to the alleged outstanding balance for excessive damage to the vehicle is denied.
Section 100 (4) of the Consumer Credit Act 1974 explicitly states that there is an obligation to take reasonable care of the goods. Although the CCA does not provide a definition of what is meant by the word “reasonable”, a common sense interpretation in relation to a vehicle is that it must be returned in a roadworthy condition i.e. it has an up to date MOT, serviced regularly and mechanically sound. A fair and reasonable vehicle taking into account its use may have some minor cosmetic defects (which would include touch ups to the paint and body of the vehicle) but not major defects that would make the car undesirable.
Additionally, you have referenced the BVRLA’s Fair Wear and Tear Guidelines. The BVRLA Guidelines are used in relation to leasing and renting of commercial vehicles; the guidelines therefore have no relevance to this dispute as the vehicle under the Agreement was a non-commercial vehicle purchased at a dealership.
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 am prepared to pay a reasonable sum of £608.66 in full and final settlement relating to the wheel LHF, wheel RHF, tyre LHR, tyre RHR, screen front, rear bumper and VAT. Any additional charge I will decline as I feel that this is a fair and reasonable cost for the condition of the vehicle on its return to you.
Please confirm by return that you agree to the payment above.
Yours faithfully,
xxxxxxx
