Excess mileage

[Tc1988]

Hello
new to all this and was wondering if anyone could help me . Am in a dispute over excess mileage on a car I voluntary terminated the contract on . Do I have to pay it . Can anyone help please

[Ripped-Off]

Have you read the agreement? If so, what does it say?

[Phaeton]

Probably best to give more details, when did you get the car, when did you VT the car, what mileage was on the contract, how much mileage was on the car, is it only mileage they are claiming or is there other 'damage' who was the lender.

Also there are many many threads on this, have a good read, it will give you some ideas & then can come back with specific questions

[Tc1988]

Well they set it at 5000 a year which I was unaware of at the time which nobody dose that a user. I was 15000 over I vt my contract just over 3 years . They are saying that I owe £190 in damages I don't mind paying that just not happy about paying for the miles

[CGodders]

Hi,
I too have VT my car in Feb 18, paid over 50% of car mileage was set in agreement on purchase was 41000, on VT mileage was 51247. Car returned in good condition I never signed any VT application but simply gave details which they asked for regarding agreement no. in an email, address & date of birth. Car was inspected by BCA, I received an invoice stating I owe them £1250 for excess mileage and had 14 days to pay or they would take it from my direct debit. I wrote back staring I would not be paying the amount quoting sec99 CCA 1874 as I had done a bit of research on this subject and read of not having to pay it and how finance companies try it on to demand the amount.
Do I stick to my guns on this as they have a perfectly good car returned as a lot of sites state they can’t demand excess mileage?

A advice greatly appreciated.

Regards
CGodders

[R0b]

Hi CGodders,

Nobody can make that decision except for yourself. I would suggest you read the following links to help you understand.

http://legalbeagles.info/forums/foru...on-your-rights

http://legalbeagles.info/forums/foru...larke-pls-help

[Laticsforlife]

Hi,
I too have VT my car in Feb 18, paid over 50% of car mileage was set in agreement on purchase was 41000, on VT mileage was 51247.

I received an invoice stating I owe them £1250 for excess mileage and had 14 days to pay or they would take it from my direct debit.

A advice greatly appreciated.

Cancel your Direct Debit authority right now!!

[CGodders]

I cancelled my diect debit the moment I informed them over the phone I wanted to VT. Recevied letter from VW finance today with them quoting sec 99 (2) explicitly states “Termination of an agreement under subsection 1 (the right to terminate) does not effect any liability under the agreement which has accrued before termination “.
Then they go onto to quote Clause 11.1 etc. With another invoice for £1250 excess mileage charge!
Not sure what to reply to this letter.

Thanks
CGodders

[Laticsforlife]

The legal argument is about "accruing before termination" - and that is that there can be no accrued amount until you actually VT - in other words there is no accrued debt whilst you are paying.

Their argument is pro-rata there's an accrued debt every mile you incur over the pro-rata at that point.

Legally it's not very sound, but a Court may still side with the appellant.