advice please

[crooky777]

when i lost my job, lack of funds meant I had to voluntary terminate my finance agreement and return my car. this process went through quite well but I have now received a bill for £1200 for damage to the car, apparently checked by the auctioneers! i explained that i did not believe there to be anywhere near that much damage and as i had no current employment i could not pay it. i have now been sent a huge form asking all kinds of questions which i believe to be too personal for simply a loan.

anyone out there with advice.

cheers


crooky777:tinysmile_hmm_t2:

[labman]

Re: advice please

It's a shame you didn't post here before the VT as we usually suggest taking a photo of every angle of the vehicle with a copy of that day's newspaper on it to prove the condition.

As you have now received the bill, clearly you need to dispute the damage. Without going into personal details, what is the form for and what is it asking? Eg Is it an Income and Expenditure form?

[crooky777]

Re: advice please

It's a shame you didn't post here before the VT as we usually suggest taking a photo of every angle of the vehicle with a copy of that day's newspaper on it to prove the condition.

As you have now received the bill, clearly you need to dispute the damage. Without going into personal details, what is the form for and what is it asking? Eg Is it an Income and Expenditure form?

Labman,

Thank you for coming back to me so soon. I agree it was naive of me not to do that, I realise now I should have done that. I do have a complete breakdown for the garage that did the MOT for me only a couple of weeks before the vehicle was collected. Also I was not at my address when they came to collect the vehicle, I was told on the phone to leave the key under a plant pot! So it didnt get the chance to walk around the vehicle with the guys when I could have disputed their findings. One item alone on the invoice is for nearly £600, that is not the size of a stone chip, that would be a huge dent which simply was'nt there. Yes you're right the form is an Income and Expenditure but it goes way beyond income and outgoings, shcool meals and prescription costs etc. When I spoke with the finance company and asked if I could go and see the vehicle and discuss the matter with the auctioneers, I was told it has been sold on already! So I cant see it now either.
Any suggestions would be gratefully received. Thanks

[labman]

Re: advice please

What paperwork did you get from the Auction House? Is there anything signed by you? Often they provide a 'Vehicle Condition Report.'

Basically they will try to get as much money from you as they can. You need to fight them all the way on this. If you have signed nothing, you have agreed nothing about the condition of the vehicle. Dispute everything - they have to allow for 'fair wear and tear' in any case.

As regards the I&E form, tell them what you can afford to pay each month and on what date you're going to pay it. They have no right to demand this information from you, and in this case, at this stage I certainly would not volunteer it. As long as you are showing willing to repay the debt, and make it clear to them you are paying the maximum you can afford, then short of taking you to court to geta judge to order disclosure of your I&E there is not much they can do.

[miliitant]

Re: advice please

for a start

what is the age of the vehicle

the collection agents have failed in their duty of not posting a vehicle condition report through your letter box before they removed the vehicle, i would also be asking for the auction report on the vehicle

if they are saying you are responsible for the damage

i would say prove it, when the vehicle was collected, all responsibility passed to the finance company or its agents

[miliitant]

Re: advice please

beat me to it labman

ditto

[legalese]

Re: advice please

Income and expenditure form lol rip it up and bin it, its nothing more than an invitation to contract for payment, fill that form in and your done for.

[crooky777]

Re: advice please

I did receive what you could call a "conditon report" its a pink form which was obviously the back of an original paper so its difficlut to read. It shows the outline of a car and the areas where they have marked it, which are numerous. Bearing in mind this was an 8 year old car with 140k on the clock I would expect stone marks etc, which is all that was there. The collectors are claiming a huge dent on the rear panel which would cost £600 to repair, this simply did not exist. I have signed nothing. I have tried through the finance company and the auction house to get more detail. I have been told that the only information they will supply is that the vehicle was sold in September, I dont know to who/where or for how much so I vannot verify any more of the detail. its actually now down to my word against the collectors, the finance company did not see the vehicle and now dont care!

cheers

Crooky777

[miliitant]

Re: advice please

to be honest, i would ignore the damage invoice

it is down to them to prove the damage not you

they are also having a laught, 140 k on the clock, 8 year old motor, i would pay 500 quid for the vehicle, dents and all

have a nose say on glasses guide and see what the resale value of the vehicle would be and how much did it go for at auction

[legalese]

Re: advice please

The actual evidence has been sold (the car), no judge would look at this. I mean no judge would accept this into their court

[crooky777]

Re: advice please

Legalese,

Could the pictures that the collectors allegedly have prove anything? I know the cars condition when it was collected and as previously mentioned, their pictures would have to show time/date and the location being at my house. Would this stand in court?


cheers

Crooky777

[legalese]

Re: advice please

Not a chance, even if it did you object that their is no evidence to proove it was you that caused it, make sure you say FOR THE RECORD.

[miliitant]

Re: advice please

the key to this was that you were given no vehicle report at the time of collection or that you signed the report

they are pi--ing in the wind on this one

[legalese]

Re: advice please

No evidence, strike it out as an abuse of process...they are attempting to coerce money from you, many avenues to go down.

[bluebottle]

Re: advice please

An 8 year-old vehicle with 140,000 miles on the clock is bound to some bodywork damage as part of normal wear and tear. My view of the "large dent" is that the collection agents caused the damage through carelessness, negligence or incompetence. As such, the OP cannot be held responsible for any damage after the collection agents took possession of the vehicle. How do we know the auction house's staff didn't cause the damage?

Ask these muppets if they have any objections to the police examining the vehicle. I would not be at all surprised if, on hearing this, they backed away.