My consumer rights after voluntary termination of a HP car agreement

Mrshwlful

Im not sure if this is the wrong place so apologise if it is, im just looing for some advice if possible.

We brought a brand new car on a HP agreement in 2009 we took the 3yrs of monthly payments and then a balloon payment at the end. This was the second time we had done this and this was the upgrade from the previous car that we had kept for just under 3yrs.

We have given the car back early, And paid the outstanding debt to take it to half the debt paid (which is a requirement of the agreement) so in sept I paid about £1000 in a lump sum)

When the car was collected the inspected marked down two marks on the alloy wheels, but nothing else, he also said the car was going straight to auction and would be sold as seen.

I signed the collection papers and that was it. We didn't hear anything else from anyone, I phoned the finance company to confirm the account had been closed down they advised the car was back and they were in the process of closing it down. 2 weeks after the car was collected we got a letter from a solicitors demanding payment of £500 for 8 scratches that were found in the secondary inspection.

The declaration I signed on collection apparently informed me this would happen but I wasnt advised of this verbally by anyone at any point. The solicitors letter advised we had 4 working days to make a payment or court proceedings would be started.

I contacted the solicitors by email to argue that the scratches weren't above fair wear and tear and I wasn't even aware of them (which I am not) so we wanted photographic evidence of them, also as it was 2 weeks since the car was collected how could they prove they were done by us? Also were they even being repaired?

She has come back to me to say the company is under no obligation to get them repaired but they have effected the value of the car, they don't have to provide evidence of the scratches a d if we didn't take photos to prove there wasnt any (which we didn't) it our fault. I Signed the collection note so we have to pay, the have now given us a further 4 working days to pay.

Where do we stand on this? The original letter and emails have all been really heavy about the court proceedings and CCJ if not paid.

I feel we have been unfairly treated, by the finance company not contacting us initially and by the fact I feel I wasnt properly advised this would be the procedure.

Do I have any recourse? Any advise would be greatly appreciated.

unholyangel

You may be better asking CAB or perhaps getting an appointment with a local lawyer who will give you a free 30 mins consultation.

What do the terms and conditions of your contract state?

Also, dont worry about the CCJ. AFAIK, this would only apply IF it went to court, IF they won and IF you don't pay within 30 days of judgement. Are they implying otherwise?

somethingcorporate

Why would you require to be told verbally what was in a contract you were signing? Just because you didn't read it properly does not exempt you from the responsibility of what you are signing up to.

I do think it's fair you ask and get photographic evidence, otherwise they can make anything up! How much was the car worth when you handed it back? would 8 scratches really reduce the value of the car by £500?

Mrshwlful

Thank you both. I know it's my fault for signing but I really honestly didn't think here was any damage to the car above fair wear and tear. So even if I had read it I wouldn't have thought there would be an issue.

The car was worth about £13k when brand new, so I'm not sure probably around £8 or so now?

The initial contract talks about having to pay for work above fair wear and tear I think my main issue is I don't think there was anything above fair wear and tear we actually had the bumper and wing repaire after a bump and would have done s ratites I'd we felt they were as bad as they say, I can't even remember there being any specific scratches tbh.

I'm pretty certain they have already sold the car without doing the work, so doubt they could get us photos even if they would, they have said we should have taken photos to prove there wasnt any damage.

I have spoken to CAB and was waiting for them to come back to me when I posted this, they have n
Recommended I speak to consumer rights.so that is my next call.

I'm just so annoyed by the whole thing, mostly at myself for taking the agreement in the first place.

Thank you so much for the replies.

MeanParent

Along with the photos, ask to see the invoices for repairs made. Make sure they are from a separate company. Ask for copies of the 3 quotes that they should have got.

I bet you they won't be able to show you any!

bod1467

What repairs? OP plainly says the company was claiming £500 loss of value, not £500 repair costs.

MeanParent

bod1467 wrote: »

What repairs? OP plainly says the company was claiming £500 loss of value, not £500 repair costs.

Ok, then ask to see the confirmation of sale price at the auction then compare this to other auction sales of the same type of car (call up auction cos to check).

Just because they say there is a loss does not make it so. They still need to prove it.

Oh and they are under a common law obligation to reduce their losses. So if the car would have old for £500 less and the repairs would have cost £150 then they had an obligation to get the repairs done. So at least they should have had some quotes.

Mrshwlful

bod1467 wrote: »

What repairs? OP plainly says the company was claiming £500 loss of value, not £500 repair costs.

Thank you for the further replies.

The company initially said the cost was for repairs it was only when I queried that it was going to auction as per the collection inspector that they said they were under no obligation to get the work done even though this is what they are asking us to pay for as we have a breakdown of the cost for the repairs - have no idea which company this is from though.

somethingcorporate

I agree it would be down to the company to prove the cost of repairs / loss of value - I'd hope that common sense approach would be backed up by a judge.

Otherwise it would be a grossly unfair term meaning they could extract what they like without giving the OP the opportunity to prove their was no damage.

Tell them to put up or shut up.