Car Finance Voluntary Termination - Damage Costs

claire86_2

Apologies if this has been posted already elsewhere, I am a relatively new poster! My partner had a car on HPI that we have recently voluntarily terminated because the car was costing us a fortune in repairs. The car was inspected by an independent person and sent to auction. We signed to agree that there were some minor cosmetic damages to the car - namely some tiny dents on the inside of the doors, some fine scratches and some missing paintwork from the handles, as well as a hole in the driver's seat and a missing tow cover. All of these defects - with the exception of the missing tow cover - were present when we purchased the car. It has been several weeks now since the car was collected and yesterday we received a letter from a solicitors office demanding immediate payment of £150 for repairs for the above damages because they are "beyond fair wear and tear". We were fully aware of the rules about fair wear and tear before the inspection and as such we had the car inspected and serviced before it was collected, to the tune of over £300, to be sure it was in good condition. The car was 8 years old and we returned it to them in reasonable mechanical condition considering the age and mileage. The damages that they are trying to claim for are all cosmetic and as I said already, they were there when we bought the car. I called the solicitors yesterday to disagree with their demands, and was told simply that we must provide evidence that these marks were on the car when we bought it, otherwise their client (i.e. the finance company) will not write off the amount. I'm not sure where we stand with this. I do not see why we should have to pay for damages that we did not cause, over and above I very much doubt that the company has actually lost the amount that they are asking us for because of these minor damages. I have tried to contact Arnold Clark to find out if they can confirm that we bought the car in that condition, but I think I am clutching at straws and there is no way they will be able to provide any evidene of this. Can anyone help?

motorguy

i'm not sure what you're asking here?

If the garage have any notes relating to the car from when you bought it and they note the damage then great, otherwise the finance company are within their rights to ask for this £150.

forgotmyname

Looks like a case of prove the defects were present when you bought it or pay up.

sam_1985_2

Going on from this. I have recently VT'd my car with Santander. They came and did a damage report (a couple of scuffs on paintwork and scuffs to left alloy wheel). The car is 8 yars old and done 102 thou miles and the scuff to the alloy was there when i bought the car and I have dated photos to prove this. Yesterday I received a letter from Santander to say I owe them £175. 45 for the alloy wheel and 130 for full rear bumper respray. There was a slight scuff of paint off of the corner of rear bumper yet no reason for full respray and also the photos they show on auction site show a large scratch (which was not there when they took the car and not on the damage report) in the middle of the rear bumper and also they show the alloy scuffed so they have not even repaired what they are charging me for. I have phoned the auction place as an "interested buyer" and they informed me that the marks are very minor, nothing needed repairing and the car is in excellent condition for its age and they expect it to get cap clean price. I then phoned Santander who said that it does not matter that the alloy was already scuffed as i accepted the car in that condition and now I have to pay for the repair. I then asked whether they would actually carry out a small repair like that on a car that age and he went very quiet and then said that is irrelevant, it will knock value off the car and I am liable for it. I subsequently hung up and have now drafted a letter enclosing the photos and saying that I have spoken to the auction house and they said I would be looking at cap clean to buy the car so they have not repaired any damage and they do not envisage it making a difference to the sale price and I am not going to pay for it. The car is being auctioned next Tuesday. Shall i wait until Monday to send the letter so that they will have then sold the car?

Sorry for rambling.....

forgotmyname

No point waiting. You wont know how the damage affects the bidding price anyway.

Unless you go and ask all the bidders. Would you have bid more if those marks were not present.

Just go with what you have. Wheel damaged when you bought the car. Minor scuff to bumper does not need a replacement. Smart repair £75 at most.
Other damage done AFTER they took posession of the vehicle so not your problem.

arcon5

forgotmyname wrote: »

No point waiting. You wont know how the damage affects the bidding price anyway.

Unless you go and ask all the bidders. Would you have bid more if those marks were not present.

Just go with what you have. Wheel damaged when you bought the car. Minor scuff to bumper does not need a replacement. Smart repair £75 at most.
Other damage done AFTER they took posession of the vehicle so not your problem.

Hard to argue this when op signed a damage sheet

sam_1985_2

arcon5 wrote: »

Hard to argue this when op signed a damage sheet

If this was about my post as opposed to the person who opened the thread I didnt sign the damage repair sheet as the collection man advised me not to. He said I wouldnt have a leg to stand on when it can to damage repairs if I signed it. Not that his opinion counts really but he said he does not see many cars with as little damage as my car had and he would not sign it if it was his as nothing was unreasonable.

sam_1985_2

forgotmyname wrote: »

No point waiting. You wont know how the damage affects the bidding price anyway.

Unless you go and ask all the bidders. Would you have bid more if those marks were not present.

Just go with what you have. Wheel damaged when you bought the car. Minor scuff to bumper does not need a replacement. Smart repair £75 at most.
Other damage done AFTER they took posession of the vehicle so not your problem.

That is very true. Maybe ill just stick it in tonight's post. Although I was offered to go on a course in Bristol Tuesday afternoon (which i turned down and now cant go) which would have meant if i had left early enough I could have been at the auction as its in bristol.

forgotmyname

What would going to the auction achieve? You would know the selling price but not how the damage affected the price.