PCP voluntary termination excess mileage charges court claim

[R0b]

Re: PCP voluntary termination excess mileage charges court claim

I've not mentioned anything about the VAT thing or the measure of damages point and the case law on it. You might want to weave something into the skeleton based on the points to note but it doesn't have to be word for word. As long as it is made clear what you are going to be discussing. Once you are happy, you can compile and paginate your bundle ready to go.

I've attached some points to note when going to court - have a read and familiarise yourself with some of it. There is a lot more I could say but it is a starting point, small claims cases will be informal generally so don't fret too much.

[R0b]

Re: PCP voluntary termination excess mileage charges court claim

Something else you might want to incorporate is a summary of your submissions at the end. Something like this might summarise why you are not liable:

Summary of submissions
To summarise my submissions made today ...

(1) under the express termination notice (which is a statutory form of protection), there is nothing to suggest that excess mileage charges are recoverable under this limited liability. The wording of the termination statement specifically states that I will not have to pay anything more once I have met the criteria.

In addition to this there is a conflict of provisions between the termination statement and clause [number]. Applying Munn v Baker and the contra proferentem rule, where the court is presented with two conflicting provisions, it should apply the provision which is least beneficial to the Claimant – that is the termination statement.

(2) Alternatively, the CCA grants the debtor a statutory right to terminate before the final payment becomes due. Section 99(2) which the claimant relies on to support its claim, is only applicable insofar as it relates to any payments that have been paid prior to the termination taking effect and in any event, such charges were not demanded before termination was triggered and the payments were therefore not payable.

Notwithstanding this, the provisions of section 99 are subject to section 100 (as is made clear in section 100(1) of the CCA) which limits liability to 50% of the total price payable under the agreement. the definition of total price confirms that damages for breach or compensation are excluded for the purposes of calculating the liability under the agreement. This is also in line with Parliament’s interpretation of these provisions as per the consultation document and also the Court of Appeal case Julian Hodge Bank v Hall.

(3) Finally, on the point of whether I have taken reasonable care of the vehicle, the answer is yes. The condition report states that the car was returned within standards, I have serviced the car regularly and it had a valid MOT at the time. The Claimant has offered up no evidence to rebut this position. In addition, it has not alleged what part of the vehicle is to have been put in an unreasonable condition and the court should not be speculating as to this loss. It is up to the claimant to prove its claim and it has failed to do so. Taking all of this into account, the car was in a reasonable condition. If the court does not agree, then a nominal sum of £1 should be awarded to reflect the lack of evidence on the claimant's part to show the extent of damage.

[Bmcb20]

Re: PCP voluntary termination excess mileage charges court claim

Dear all

I'm new in this forum and i would like to know more about this.

Basecly I would like to terminate (VT) my PCP agreement with Seat.

My questions are:

When we reach the amout ( which is mention in your agreement "Your Rights") , can we terminate the agreement?

I'm have seen a lot of people saying, they can't chargers for extra milages, same people saying it's new, they can charge...same people just pay off the bill the finance company send to them because they mate end up in court...there is a few people they don't pay because is not mention in the agreement ( this my theory, do not pay ) but if they want to court, with all the act's etc...who will win this battle? How much it will cost?how long does this take to be sorted?

Please, advise. I really need to terminate my agreement, but i juat need to clarify few question before i start this.

I have been reed all your messages, to be honest, It looks scary, just the fact end up in court...

Thank you
And if you can help please send me a message

[London_H33]

I would love to know the outcome of this case as I'm about to go through a similar thing. Thanks. R0b

[cjm128]

I would love to know the outcome of this case as I'm about to go through a similar thing. Thanks. R0b

Hi, I lost the case sadly. I'll put a full update on here at some point, but in short - The process came down to a very subjective view of the judge on the day. R0b helped me put a really detailed case together which has all been templated an upload on the forum. I was pretty well prepared but in the heat of the moment its hard to remember everything once you get into questioning, and in hindsight it could have gone the other way but I'll never know. Was particularly disappointing because the opposing solicitor was really poor. Anyway, just the way it goes sometimes; the MC solicitor said she had seen it go either way. At the end of the day I had the money so paid it in full and avoided a CCJ.

So, my advice to anyone in this process is, depending on the manufacturer they could push all the way and Mercedes FS certainly will do. It was the right thing for me to terminate and go through this process regardless due to my situation and whole process took over 18 months so saved the car costs over that time and the situation getting worse. You have to weigh up the risk vs benefit at the end of the day. The experience of going to court wasn't scary, and was actually quite exhilarating.

Hope that helps.

[R0b]

cjm128 I think you were hard done by on the day but if I am being objective, I think it came down to the fact that what you were trying to get across didn't come across as well as you had hoped. Obviously that comes with experience and practice but I think you did try hard on the day and thats all you can do.

Just so you are aware, there was another case on here where MBFS tried to claim for excess mileage (link below). Fortunately the OP won that case and circumstances slightly different in that the mileage amoutn was obviously somewhat lower than what you racked up - a win nonetheless.

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