Voluntary Termination with Startline Motor Finance 25/10/2016

[Hurt2017]

Hi pt2537

I had to call link to find out what the money was for. STARTLINE wont deal with my query as my account is closed. Its app for damages. I explained i have never recieved a damage report from Starline so they said i can request the photos from them... requested the damage report and photos from link and they came today but the greyscale stamp sized pics do not show anything as the quality is so poor.

Please can you advise my next steps.... Can i complain to startline that they havent followed correct procedures? Should i sent a complaint to startline or link? Who do i dispute the pictures with as i have my own photgraphic evidence?

The car is 9 years old 87000miles and was in very good if not excellent condition. I dont agree with paying £490 for damage that is not beyond fair wear and tear.

Thank you

[R0b]

Did Startline confirm that the debt has been sold to Link or if they are simply acting on Startline's behalf. If the former, you need to make a formal complaint to Link, if the latter it should be directed to Startline.

There is an FOS decision floating about that found in favour of the debtor about the age of the vehicle and its condition meaning it wasn't appropriate to apply the usual BVRLA conditions finance companies try to impose. I'll see if I can hunt it down as it would be useful to use that as part of your evidence complaint.

[Hurt2017]

R0b that would be brilliant thank you. I will call them tomorrow to check who the 'debt' is with.
Thank you again

[R0b]

Have a read of the attached and see if it is applicable to you in any way. If it is then you should use that as part of your evidence and refer to it. The FOS should keep their decisions consistent so whatever applies, just paraphrase the decision and how it applies to your current position. You should emphasise the fact that the car is 9 years old and has 87000 miles on the clock so there's bound to be some residual damage over time.

[Hurt2017]

R0b thank you for this it was a huge help and related very well to my situation. We confirmed link financial are working on Startlines behalf so we sent the complaint to startline. We had link call this morni g to say startli e have passed the complaint to them?? So link are now going to look into the complaint.

Also link said to me that it is affecting my credit rating but i tried to ask why as i was never informed of damage charges until a debt letter was recieved (also hense the complaint i have made to startline). Can you please advise what i can do/say regarding the credit rating as this should not be happening.

Thank you from a concerned and worried member

[R0b]

I'm really not sure why Link have been passed your complaint if they are only acting as a debt collector on behalf of Startline. You need to write back to Startline and question exactly why they have passed your complaint to them when they are the creditor.

If the debt has been sold to Link then it should be Link to deal with your complaint as they are the new creditor, but if Startline have only instructed Link to collect the debt, the onus remains with Startline.

You should write to Startline and get them to explain (in writing) exactly why they have passed the complaint to Link when they are the creditor and by doing so, they are in breach of the FCA Rules under which they are authorised.

I would also suggest that you write to Link and get them to keep all correspondence in writing. It's all well and good them contacting you by phone but they can say what they want unless you get a copy of the recorded call and when you need a paper trail, something said over the phone is difficult to prove.

If you need help with your letter, post up a draft copy for comment.

[Hurt2017]

Hi R0b thank you for the advice above. I can defiantely confirm the debt stands with startline as the creditor. I have attached the draft letter above. I am not sure whether it is also worth mentioning the advisor at link said the debt will be marked on my credit file and affect my credit score. Am I right in thinking they cannot do this as there is a complaint regarding the so called debt even though I had no idea there were damages as they had not sent me anything about them, just a letter from link saying I owe them money and at this time I had no clue what for. I have not even had the opportunity to act on and dispute the charges made against the car.

any further advice would be amazing and feedback on the letter before I send it.

Thank you so much

[R0b]

Morning,

I've not had much of a chance to respond on here recently but I will look at your letter this evening if you've not already sent it.

[Hurt2017]

Thank you R0b that would be great

[R0b]

Hello

Bit late than never but see attached example. It's address to Paul Burgess who is the CEO of Startline. You'll see there is reference to writing to the FCA about the conduct and action of Startline, which I would recommend you do. The FCA doesn't take on individual complaints but it may investigate if there is sufficient number of complaints raised. So you don't need to keep that in there, its your choice so adapt it to suit your needs.

I would also consider making a subject access request (see links in my signature for example) and obtain a copy of the recorded calls for evidence, including any recorded calls Link Financial may hold about you, though I suspect you may have to make a separate one for that.

Don't forget to add in any missing information and make sure all square brackets are removed from the final version.

[Hurt2017]

rob thank you so much for all your time, input and effort into my case. I have sent both letters special delivery today. I will keep you updated on any outcomes. thank you again