VWFS Dispute (Cont'd) Need advice please!! R0B

[MalcForrest]

Hi there,

I'm still arguing with VWFS regarding the excess mileage, which has now seen the agent involved just ignore my emails now. Yesterday I've received a new credit report and yet again my agreement with VWFS is still showing as open and live.

Now, I promptly called them and the general enquires agent mentioned that they've recorded my account as in arrears all because I haven't paid the £503 by January 17th. During this call I advised the girl that she is wrong and they've no legal right to , that in November I made sure that I had fulfilled my legal obligations as a debtor and made sure I had repaid 50% of the funds borrowed before returning the vehicle.

Their last (and final response) received 09/01/18 reads as follows:

"You refer to section 100 of the CCA but have failed to note the section 99(2) explicitly states "Termination of an agreement under subsection 1 [the right to terminate] does not affect any liability under the agreement which has accrued before the termination"

You are correct in that excess mileage is a fundamental contractual term. You are asked to predict your mileage prior to entering into the contractual arrangement and the finance is calculated taking into account the depreciation of the vehicle based on the mileage you selected. This is clearly set out in your pre-contractual information, the front page of your agreement and clause 11 of your terms.

Clause 11 is worded as follows:-

11.1 If the Vehicle covers more than:
- the maximum annual mileage in any succeeding period of 12 months starting from the making of the agreement and/or

- the Maximum total mileage;
you will be liable to pay us the Excess mileage charge shown on page 1. That liability will accrue with each mile covered by the Vehicle in excess of those Mileages. You must discharge that liability by paying us on demand.

11.2 if you have paid Excess mileage Charges in relation to the maximum annual mileage we will deduct this amount from any Excess mileage charges payable in relation to Maximum total Mileage.

11.4 If this agreement terminates early, we will reduce the Maximum total Mileage in the proportion which the actual period of hire bears to the period of hire originally agreed. Any excess mileage charge will be recalculated using the that reduced Maximum Total Mileage.

I've used all the templates from this sites with very minor changes to obviously make sense to the response at the time.

Any response I've given them has been sent using the templates from this forum.

My issues has now moved from the excess mileage (Which i will continue to argue) to the fact they've falsely recorded my account in arrears and I have no idea what direction or argument to move with.7

Any advice is greatly appreciated.

thanks

Malcolm

[MalcForrest]

tagging R0b

[R0b]

Hello

It seems you are locked in a stalemate, so your only real option is to either pay up on the condition of them removing any adverse entries on your credit file or take them to court and hash it out.

In my view, reporting excess mileage charges as late payments is a breach of data protection and could also constitute negligence. This is for a number of reasons - first, your agreement terminated some time ago and to continue reporting the account as missing payments gives the impression that the agreement is still alive and that you failed to make on of your monthly repayments. Second, the SCOR guidance on reporting defaults and arrears states that defaults should not be filed where the amount is made up solely of fees and charges - I would say that extends to late payments too, especially where the agreement has already terminated (and logically, those missed repayments each month will then convert into a default at some point). Ultimately, the purpose of your credit agreement is to give show lenders how creditworthy you are. If you've maintained all of your monthly credit repayments but are disputing a charge, that does not suggest you are a poor payer.

Ultimately, your options are running out so I guess the ball is in your court as to your next steps.

The SCOR Guidance can be found here -> http://www.scoronline.co.uk/sites/de...02%20final.pdf

You will note that on the first page there' a blurb and it says "A record lodged with a CRA must be a reliable reflection of an individual’s credit standing." - does a disputed charge of excess mileage a reflection of your credit standing when you've in fact made all credit repayments? I think not!

[MalcForrest]

Hello

It seems you are locked in a stalemate, so your only real option is to either pay up on the condition of them removing any adverse entries on your credit file or take them to court and hash it out.

In my view, reporting excess mileage charges as late payments is a breach of data protection and could also constitute negligence. This is for a number of reasons - first, your agreement terminated some time ago and to continue reporting the account as missing payments gives the impression that the agreement is still alive and that you failed to make on of your monthly repayments. Second, the SCOR guidance on reporting defaults and arrears states that defaults should not be filed where the amount is made up solely of fees and charges - I would say that extends to late payments too, especially where the agreement has already terminated (and logically, those missed repayments each month will then convert into a default at some point). Ultimately, the purpose of your credit agreement is to give show lenders how creditworthy you are. If you've maintained all of your monthly credit repayments but are disputing a charge, that does not suggest you are a poor payer.

Ultimately, your options are running out so I guess the ball is in your court as to your next steps.

The SCOR Guidance can be found here -> http://www.scoronline.co.uk/sites/de...02%20final.pdf

You will note that on the first page there' a blurb and it says "A record lodged with a CRA must be a reliable reflection of an individual’s credit standing." - does a disputed charge of excess mileage a reflection of your credit standing when you've in fact made all credit repayments? I think not!

Thank you so much for the fast response again Rob,

I have just come off the phone with VWFS regarding that issue, and have had them clarify what was said to me last night. The escalation team member today advised that I was given wrong information with regards to the mention of arrears.

Today, she confirmed that I do not owe them any funds in relation to what I borrowed and the account was settled as a VT. Their system at present shows that I'm due them contractual charges £503.28 for excess mileage, which is currently in dispute.

So with this new information to light, and i'm also expecting a call from the original complaints handler dealing with the excess mileage and where to move forward with that?

In my curiosity I've manage to find my old car for sale at a Audi Dealership for £18400. I received a statement dated 25th December advising that the outstanding balance of £18130.15, was retrieved by the sale of the vehicle.
My proposed defence would be that the "market value" of the vehicle is £264 greater, and this should in touch be reflected in the "contractual liability of excess mileage affecting the vehicles' depreciation" and have the £503.28 reduced to £239.28 in that case.

I'm not entirely sure whether to keep fighting the excess mileage. They've tried to quote clause 11 of the contract which I posted in my opening thread, but from my point they're trying to make something that isn't litigated by financial terms or law, stick because they think they can?

Again your knowledge and advice is greater appreciated R0b

[MalcForrest]

tagging R0b