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Disputed Damage To Vehicle After Return; Disputed damage to vehicle after return
Topic Started: Mar 10 2007, 11:43 AM (104 Views)
monkeyboi

Members
I had a vehicle for two years with YES car credit and after the two years was up (never having missed a payment) i exercised my right to return it.

All seemed OK, I wrote to YES saying I wanted to return the car, they wrote back saying I still owed around £500 in insurance which I could continue to pay in installments which I wasn't overjoyed about but eh ho.

Anyway, they arranged for an insurance assessor to come and inspect the car about a week before it was due to be returned. I was with the assessor while this was being done, he said the car was in good condition.

The day came to return the car and a guy came out to drive it away from my place. Before driving it away he completed a damage check on the car, noting any damage on one of those forms with a car diagram, and gave me a copy. The damage he listed was some kerb damage to wheel trims, two scuff marks on the bumpers, a crack on one of the bumpers and a hairline scratch on the roof of the car. Not in perfect condition ok, but certainly after two years could be considered no more than wear and tear?

Anyway, I returned the vehice, carried on paying the x amount per month for the insurance. Never heard a word from Direct Auto Finance. The first time i realised something was amiss was when I went on holiday and missed a payment of £20 in February (which was paid a week later). In the letter sent from Direct Auto Finance the 'balance' had rocketed to over £1,000. I called them to clear up what I assumed was a simple error on their part. I was told that it was due to damage on the vehicle based on their insurance assessors report. I couldn't believe it! Nowhere in the contract does it stipulate that the car has to be returned in mint condition with no wear and tear.

Well, of course I want to dispute the damage to the car but Direct Auto Finance have told me that I can't dispute it, I can't see their assessors report and if I don't pay it they will instruct their legal department.

Luckily, I have in my possession this diagram from the guy whom collected the car and detailed the damage on the vehicle the day it left me....which is no real damage just wear and tear.

On top of all this, I checked my Experian Credit Report online today. Direct Auto Finance still has an entry for me on there, saying I owe £209 per month, £4100 in total and have missed four payments recently!!!!????!!!! :angry:

Any ideas on how I should progress?
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Steve_G
'Gold' Member
'Gold' Member
DAF are still on my report after 18 months saying I am 12 months behind a £193 pcm agreement

looks like another one fore any legal eagles out there to advise on
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jim100

Members
We have the same problem and they are asking us to pay any damages to the car.
We have asked for an invoice on the work that was suppose to be done. We know there has been no work done because it went straight into auction.

We have a long fight on our hands.
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jenni
Member Avatar
www.saynotoyes.co.uk
Saynotoyes moderating team
with regards your credit report I would speak to Experian or Equifax. Give them all the details like when you VTd your car; how much you were paying in monthly instalments etc. They can then investigate this and speak to DAF who should confirm the details. IF not and the credit reference people think they have enough info then they can change it for you (they have done it with an old debt I had).

with reference to the damges to the car if you have a copy of the inspectors report I would demand under the Data Protection Act to see any copy of said report they hold on file about your car. Can I ask exactly when the car was returned? Do you know if it was sold at auction etc or even if any repairs have been carried out?

these are things you need to demand from DAF as it seems recently they are a little p censored d off by people VTing their cars and they are trying to make themselves a bit of extra money.
<a href="http://www.dpbolvw.net/click-2359542-10365649" target="_top">
<img src="http://www.awltovhc.com/image-2359542-10365649" width="120" height="60" alt="" border="0"/></a>

Applying for car finance? <a href="http://www.kqzyfj.com/click-2359542-10366647" target="_blank" onmouseover="window.status='http://www.creditexpert.co.uk';return true;" onmouseout="window.status=' ';return true;">View your Experian credit report online for FREE</a> and see what lenders will see
<img src="http://www.tqlkg.com/image-2359542-10366647" width="1" height="1" border="0"/>

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Advice & opinions of the 'saynotoyes' team are offered informally, without prejudice & without liability.
Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
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viplosh

Silver Member
I keep saying this and keep getting berated that this is the type of situation that cannot be allowed to continue.

Of course thay have a legal obligation to show you how they have reached the figure.

Also if they are blatantly lying to you regarding the damage and what work was carried out this may be potential fraud.

I would call them and ask them to provide copies of the Insurance assesors report and proof of how much they auctioned the car for.

Request this under the Data Protection Act. Also advise them that no further payment will now be made to them in the absence of this legally requested proof. You are suspecting they are attempting to defraud you by their reticence in providing this information and will be reporting this to the DTI and police to investigate on your behalf.

This may get them a little focused.

Also take the names of the contacts you converse with at DAF on this subject and warn them that if they are found to be lying on behalf of DAF they will be brought into the fraud investigation and will also be required to provide evidence to the police.

I am saying this again that it s theis type of situation that maybe crossing the line from civil to criminal actions. ddd

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Steve_G
'Gold' Member
'Gold' Member
I totally agree with viplosh

how many companies operate like this I wonder? probably loads, we just take their word for it and they carry on to the next sucker

my mum is having a similar problem with a builder who she actually 'sacked' he has given her a revised bill but I have told her to request receipts and also bill him for work she has had to have rectified... its her money, why should he profit at her expense!!!

luckily we are better educated nowadays and have access to sites such as this and more rights than ever, its about bloody time we exercised those rights ddd
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