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Disputing Damage Shortfall Charges

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  • #1

    Disputing Damage Shortfall Charges

    Hello! (New here) I VT'd my 8 yr-old Ford last month; finance was through Startline Motor Finance. They've tried to get an extra monthly payment out of me but I've argued the toss about that and I think I may have one that battle.

    They've walloped me with a bill for £1313 for damage to the car though. I didn't sign the form at the auction house and was told the car would likely only sell for £1400. It sailed through its MOT and service. The damage they are claiming for: 3x dents, 2x wheel trim replace (scuff), 1x scratch, with the rest being corrosion/rust.

    Can anyone tell me where I stand on arguing this? They keep trying to talk to me over the phone but I want it all done via letter so I have a record of it. If anyone knows a good template of argument, that would be awesome.

    Thanks so much in advance!
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  • #2
    Re: Disputing Damage Shortfall Charges

    tagging [MENTION=71570]R0b[/MENTION] for help xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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    • #3
      Re: Disputing Damage Shortfall Charges

      Hello,

      Did you take any photos of the car, any copies of the servicing and or work carried out whilst it was in your possession?
      Was the car brand new or second hand?
      What are your thoughts on the damages, are they being realistic or are they trying to pull a fast one?
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
      - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
      LEGAL DISCLAIMER
      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

      Comment

      • #4
        Re: Disputing Damage Shortfall Charges

        Originally posted by R0b View Post
        Hello,

        Did you take any photos of the car, any copies of the servicing and or work carried out whilst it was in your possession?
        Was the car brand new or second hand?
        What are your thoughts on the damages, are they being realistic or are they trying to pull a fast one?

        I did take photos of the car but didn't take copies of the work done while I had the car. It was second hand when I got it 3 years ago, 2009 plate. I think they're trying to get as much money as they can really - rust is just wear and tear really. Scuffs and scratches are to be expected on an 8 year old car, no?

        Thanks for your reply!!

        Comment

        • #5
          Re: Disputing Damage Shortfall Charges

          Perhaps claiming £1,300 on an 8 year old car sounds like they are pulling a fast one. I presume they didn't take a condition report at the time you took control of the car? If not, then they might have difficulties trying to prove that the damage occurred in your possession. If you are going to fight it, then I would keep an eye on your credit report they may record a default on there for non-payment, which of course they cannot do.
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          LEGAL DISCLAIMER
          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

          Comment

          • #6
            Re: Disputing Damage Shortfall Charges

            Originally posted by R0b View Post
            Perhaps claiming £1,300 on an 8 year old car sounds like they are pulling a fast one. I presume they didn't take a condition report at the time you took control of the car? If not, then they might have difficulties trying to prove that the damage occurred in your possession. If you are going to fight it, then I would keep an eye on your credit report they may record a default on there for non-payment, which of course they cannot do.
            I'll look back through the paperwork but I don't recall such a report. What do I say in a letter back to them to argue the damages?

            Comment

            • #7
              Re: Disputing Damage Shortfall Charges

              http://www.legalbeagles.info/forums/...on-Your-rights

              There's a example letter towards the bottom, adjust to suit your needs.
              If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
              - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
              LEGAL DISCLAIMER
              Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

              Comment

              • #8
                Re: Disputing Damage Shortfall Charges

                Originally posted by R0b View Post
                http://www.legalbeagles.info/forums/...on-Your-rights

                There's a example letter towards the bottom, adjust to suit your needs.
                That's awesome! That's you so much. Think I'll have a fight on my hands but I'm game. I appreciate you taking the time to help me, thank you

                Comment

                • #9
                  Re: Disputing Damage Shortfall Charges

                  Let me know if you need any help
                  If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                  - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                  LEGAL DISCLAIMER
                  Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                  Comment

                  • #10
                    Re: Disputing Damage Shortfall Charges

                    I will, thank you

                    Comment

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