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  • FIRST POST
    • stebutty
    • By stebutty 13th Oct 16, 9:27 AM
    • 3Posts
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    stebutty
    End of Conditional Sale Agreement - Wear and Tear
    • #1
    • 13th Oct 16, 9:27 AM
    End of Conditional Sale Agreement - Wear and Tear 13th Oct 16 at 9:27 AM
    Hi all, I'm looking for some advice relating to a Conditional Sale Agreement for a car which has now been returned.

    The finance company have now hit us with a £1200 bill due to damages outside their fair wear and tear policy. Are they allowed to do this given that there is no mention of this policy in our contractual agreement?

    Thanks
Page 1
    • spiro
    • By spiro 13th Oct 16, 9:43 AM
    • 5,681 Posts
    • 2,716 Thanks
    spiro
    • #2
    • 13th Oct 16, 9:43 AM
    • #2
    • 13th Oct 16, 9:43 AM
    Most forms of car lease have policy of what is considered fair wear and tear and what is not and there is in most cases an industry wide agreement on what that is. Try looking here http://www.bvrla.co.uk/service/fair-wear-and-tear-guides
    IT Consultant in the utilities industry specialising in the retail electricity market.

    4 Credit Card and 1 Loan PPI claims settled for £26k, 1 rejected (Opus).
    • neilmcl
    • By neilmcl 13th Oct 16, 9:49 AM
    • 8,570 Posts
    • 5,607 Thanks
    neilmcl
    • #3
    • 13th Oct 16, 9:49 AM
    • #3
    • 13th Oct 16, 9:49 AM
    Hi all, I'm looking for some advice relating to a Conditional Sale Agreement for a car which has now been returned.

    The finance company have now hit us with a £1200 bill due to damages outside their fair wear and tear policy. Are they allowed to do this given that there is no mention of this policy in our contractual agreement?

    Thanks
    Originally posted by stebutty
    Are you sure about this? I think you'll find most (if not all) car finance agreements will have a provision regarding liability for damage and excess wear & tear.

    Don't forget the car has never belonged to you and as such you have a legal obligation to take reasonable care of the vehicle and return it in a reasonable condition. The guide linked above outlines what that condition should be.
    Last edited by neilmcl; 13-10-2016 at 9:53 AM.
    • stebutty
    • By stebutty 13th Oct 16, 9:59 AM
    • 3 Posts
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    stebutty
    • #4
    • 13th Oct 16, 9:59 AM
    • #4
    • 13th Oct 16, 9:59 AM
    Yes, there is a section relating to liability for damage but, it does not mention a specific policy it just states "reasonable care". It also states that "in our opinion" on what is excessive and what is not. What about my opinion?
    • spiro
    • By spiro 13th Oct 16, 10:18 AM
    • 5,681 Posts
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    spiro
    • #5
    • 13th Oct 16, 10:18 AM
    • #5
    • 13th Oct 16, 10:18 AM
    Yes, there is a section relating to liability for damage but, it does not mention a specific policy it just states "reasonable care". It also states that "in our opinion" on what is excessive and what is not. What about my opinion?
    Originally posted by stebutty
    Read the guide I provided you a link to. The problem is you should have really checked the car before you returned it which would have given you time to fix things at your cost not what they decide to charge you. There is very little you can do. What are the items that make up the £1200?
    IT Consultant in the utilities industry specialising in the retail electricity market.

    4 Credit Card and 1 Loan PPI claims settled for £26k, 1 rejected (Opus).
    • stebutty
    • By stebutty 13th Oct 16, 10:26 AM
    • 3 Posts
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    stebutty
    • #6
    • 13th Oct 16, 10:26 AM
    • #6
    • 13th Oct 16, 10:26 AM
    I did fix things yes. They are charging for small dents, chips, and scuffs to the alloys. And a "worn" brake lamp casing! Lost spare key - fair enough
    • neilmcl
    • By neilmcl 13th Oct 16, 10:31 AM
    • 8,570 Posts
    • 5,607 Thanks
    neilmcl
    • #7
    • 13th Oct 16, 10:31 AM
    • #7
    • 13th Oct 16, 10:31 AM
    Yes, there is a section relating to liability for damage but, it does not mention a specific policy it just states "reasonable care". It also states that "in our opinion" on what is excessive and what is not. What about my opinion?
    Originally posted by stebutty
    Their "opinion" should be based on the nationally agreed BVRLA guidelines, I think that has a tad more weight than yours.
    • neilmcl
    • By neilmcl 13th Oct 16, 10:35 AM
    • 8,570 Posts
    • 5,607 Thanks
    neilmcl
    • #8
    • 13th Oct 16, 10:35 AM
    • #8
    • 13th Oct 16, 10:35 AM
    I did fix things yes. They are charging for small dents, chips, and scuffs to the alloys. And a "worn" brake lamp casing! Lost spare key - fair enough
    Originally posted by stebutty
    Might be worth reading http://www.bvrla.co.uk/advice/consumer-advice if you think their charges are excessive and not within the guidelines.
    • facade
    • By facade 13th Oct 16, 11:52 AM
    • 2,191 Posts
    • 1,144 Thanks
    facade
    • #9
    • 13th Oct 16, 11:52 AM
    • #9
    • 13th Oct 16, 11:52 AM
    I did fix things yes. They are charging for small dents, chips, and scuffs to the alloys. And a "worn" brake lamp casing! Lost spare key - fair enough
    Originally posted by stebutty
    Problem is, what you or I consider "normal wear & tear"for a car you actually drive around and park in places-

    • Covered in dents from car doors & shopping trolleys
    • Paint discoloured from bird droppings
    • Stone chips all over the bonnet
    • Scratches on the nearside from branches and brambles


    they seem to think is "excessive damage"
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science )
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