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Ben Jones
Ben Jones, UK Lawyer
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On 16.7.16 I collected a vehicle on re purchase from Skoda

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On 16.7.16 I collected a vehicle on hire purchase from Skoda Stourbridge under a 42 month repayment agreement. I had already signed various papers but not received a breakdown of all financial transactions. I was suddenly presented with an New Vehicle Invoice on collection of the vehicle which is clearly incorrect. It states that I owe £2,000, I dont, it states Ive only made a part payment of £500, I havent, I paid £1,000 deposit I have receipts. Skoda's deposit contribution is unclear as it doesnt state who has paid what on the invoice.
I have liaised with the Manager who is obstructive to say the lease saying he cannot do anything or change the voice system, he seems adament not to give a financial breakdown of all transactions to do with this vehicle in any other form. I feel this Invoice/agreement is falisied to suit Skoda, there seems to be no explanation of what the breakdown is.
I would like to either claim back £500 of the my deposit as they again clearly have not used it for its intended purposes and/or a breakdown on all financial transcations/payments they have based their agreement on. I feel very strongly about this and I am prepared to go to Court. This is a criminal action, ironically they use the same law on their documents.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

Within the various papers that you initially signed for the 42 month agreement, is there any mention of what you paid and details of the deposit?

Customer: replied 1 year ago.
No, I have receipts of the payments though.
Customer: replied 1 year ago.
Apologies, but I do have work and need to leave in about30 minutes.
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court for the day and will be travelling until late so I won't be able to reply until the morning. However, I will prepare my advice during this time and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.
Okay many thanks. Could you also include a template or advice on wording I should now use to contact Skoda and they have exhausted my approach and are incredibly unhelpful.
Expert:  Ben Jones replied 1 year ago.

No problem at all. Leave it with me. Many thanks.

Expert:  Ben Jones replied 1 year ago.

Thanks for your patience. First of all this is not going to be viewed as a criminal action so do not for example try and involve the police as they will not be able to help. It is really a civil matter.

In this case you can only claim back sums you have been genuinely overcharged. You cannot claim back money you have not actually lose, even if they are claiming differently. So for example you cannot penalise them by taking back some of your deposit just because they have given you an incorrect breakdown. However, if they have taken extra money from what was initially agreed, then you are able to pursue them to get that back.

Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.

2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. Before you consider starting legal action you may wish to consider sending a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so will allow you to bankrupt the debtor (if they are an individual ) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand

4. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 1 year ago.
Apologies Ben I think youve got hung up on the monery debt, that was an option but it's the falsification of the invoice which doesn't represent financial transactions I'm actually concerned with.
Expert:  Ben Jones replied 1 year ago.

Allegations of falsification without any evidence are serious and you cannot just say that they have deliberately falsified the figures to suit themselves and to get more money from you. This could easily be down to an admin error for example so unless you have evidence that this as deliberately done to defraud you, it will be difficult to take it any other way apart from the civil recover route. Hope this clarifies?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Sorry about the delay Ben. Yes, I fully appreciate the implications of accusing them of falsifying documents but their figures dont match the financial companys. Okay well thanks for your help.
Expert:  Ben Jones replied 1 year ago.

You are welcome, and just remember that if the figures do not match, there could be an entirely plausible explanation that i not inked to deliberate misrepresentation or fraud...

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