Gmac and Shoosmiths problem...

[Karter38]

Hi all,

I recently VT'd my hire purchase contract. My finance was through Gmac. I bought the car when it was 6.5 years old and it was collected by Manheim in November 2016 when it was 9 years old. They have now passed the details to Shoosmiths who are now dealing with me. They are charging me for £1162.76 worth of damages. The damage was present when i purchased the car. It was all very minor considering the age of the vehicle. I have emailed back and forth with them but to no avail. If someone here is able to help me then I'll go into much more detail about the case and what has been said. I'd be very grateful for the help! Thanks

[Karter38]

Re: Gmac and Shoosmiths problem...

I'll start telling the tale. I purchased the 2007 Ford Fiesta from Arnold Clark on 04/03/2014. It had minor bodywork issues but nothing you couldn't expect of a car that age. I bought it as it was the most reliable car I could afford at the time. It was a cheap car and therefore they were not willing to repair the bodywork issues. I am going back to them soon to see if they have any record of the damage. I decided to VT the finance agreement In September as I am currently saving for a house and the car was an expense that had to go. I was 1 month away from 50% of the payments however i was willing to pay the extra month just to get rid of the car.

After a lot of hassle, I had arranged a date for Manheim to collect the vehicle. However 1 day before they were due to collect it, Manheim phoned and cancelled on me! Had I cancelled on them I would have been charged an abort fee of £120.96 by Gmac UK plc! So another date was arranged, the vehicle was inspected and taken away and i was given a copy of the inspection report. The total for the damages came to £1162.76. I was told to sign the report or have the collection aborted. I signed it but ticked the box which states 'Disagree with inspection findings'. The remaining balance to 50% of my payments was £99. So all in, Shoosmiths are looking for £1261.

I am not willing to pay this as the damage was already present however they are asking me to prove this so unless the dealership has any records of the damage then I will not have the evidence. There are a few pieces of "damage" Im sure i could argue confidently.

They are charging me £175 for each front wing as there is rust along the bottom of the sill (£350 total). This is due to the cars age, which should fall under fair wear and tear? I did not cause the metal to rust through negligence, it has happened over time, all cars rust eventually! Gmac's letter which outlines their fair wear and tear states;

"Paintwork
Some light stone chipping, and very minor dents-up to 10mm are acceptable, as is careless opening of doors. If chips or scratches have exposed primer or bare metal, some form of repair will be required. Minor scuffing to bumpers, up to 25mm, is acceptable."

The rust has not been caused by chips or scratches, it has rusted due to wear and tear of the car, having done 80,000 miles. Every car rusts eventually doesn't it? No ones fault so I don't see how i can be liable for it.

Also they have charged me £98 for a tyre due to a cut in the sidewall. However as with MOT standards, if the cut is not deep enough to see cords then it is still legal. The tyre was not cut to the cords and it passed its last MOT with it. Also the same Gmac letter as above states;

"Wheels & Tyres

All wheel trims, where fitted, Must be present when the vehicle is returned. Tyres, including the spare, must comply with legal requirements regarding wear and tread depth. To alloy wheels, minor scuffing is acceptable up to 25mm in length. Scoring and other damage to alloy is outside wear and tear."


Just to add a bit about myself. I am a fully qualified mechanic. I am a technician for a Ford dealership. The car has been extremely well looked after and cleaned regularly. It has wanted for nothing and has been serviced twice a year using expensive oil and genuine parts. It has even been in car shows. It was probably one of the most mechanically sound fiestas that age! Looks like ive wasted my time and effort and money keeping it in good condition over the years. Like I said, I only got rid of it as it was an expense I didn't really need anymore. If I could turn back time i would just have kept it!