Car VT Issue

[Bootsfire1]

Hi,
I have just looked at updated guidance on the above which was issued in 2016. My issue is that I have received a bill for £1696 for repairs to the vehicle after returning the said vehicle under a VT. I have received this bill from a remarketing company (auction house) which is acting as agent for the finance company. My issue is that I attended the auction of the said vehicle and know beyond doubt that it was sold WITHOUT the repairs being carried out. However they are still chasing payment for repairs that have ultimately not been carried out. Can they still chase payment?
Regards,
Bootsfire1.

[R0b]

Re: Car VT Issue

Hello, few questions

1. Who is the lender?
2. Was the car brand new or second hand?
2. Did they break down those repair costs?
3. Did you receive a report from them when the car was first collected and any subsequent report? Did you also take any photos prior to collection of the vehicle?
4. If yes to the above, how does that compare?
5. How does it compare to the CAP Standards example in the VT guidance?

There is a general duty to mitigate any losses in contract law though not a legal one, but the Courts would expect parties to mitigate any loss i.e. to minimise their losses and ensure that loss does not increase. If they fail to do that then they cannot claim for those increased losses.

It is up to the lender to prove that the car was not in a reasonable condition and what they are entitled to is not the costs of damages because you are not required to put it in a standard better than it was when you purchased it but simply the difference between the market value of same-type car in a reasonable condition and the market value of the car in its current condition. Again, the lender has to supply that evidence, but it doesn't prevent you from obtaining alternative evidence yourself i.e. car valuation websites, Glass's Guide, Parkers etc.

So the answer to your question is likely to some extent be no, but you need to be realistic and honest and if there is anything that is unreasonable, you should perhaps negotiate what you can agree on and it will at least show you have been reasonable in coming to some kind of agreement.

[Bootsfire1]

Re: Car VT Issue

Hi R0b,
Thanks V much for your reply. In answer to your questions:

1. The lender was PSA Finance T/A Autobank. The agents are G3 remarketing.
2. 2nd Hand bought from Arnold Clarkes.
3. Yes. They sent a report with the invoice.
4. They left me a condition report which highlighted minor scratches etc. which I would class as FW&T according to CAP standards, this report differs quite significantly from the detailed one I received. I took no photos.
5. N/A.
6. See 4 above.

Thanks for your time.

[R0b]

Re: Car VT Issue

I think the answers lay in my previous post and your latest one, the question as to what you want to do moving forward is entirely up to you.