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BMW Financial Services - Voluntary Termination/Excess Mileage

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  • I have just received a letter from BMW claiming I owe them money for excess mileage after a VT. I never signed their ‘“VT Pack” but admittedly was over in mileage. I don’t intend to pay this obviously beacause I now no longer have an agreement with them. I paid 50% and the car was in great condition. Here is what I believe my options are

    1. Pay
    2. Ignore
    3. Write a letter protesting their charge.

    I am looking for a bit of advice.

    Comment


    • Originally posted by Grahammcm1888 View Post
      I have just received a letter from BMW claiming I owe them money for excess mileage after a VT. I never signed their ‘“VT Pack” but admittedly was over in mileage. I don’t intend to pay this obviously beacause I now no longer have an agreement with them. I paid 50% and the car was in great condition. Here is what I believe my options are

      1. Pay
      2. Ignore
      3. Write a letter protesting their charge.

      I am looking for a bit of advice.
      Hi Graham,

      I suggest you read through this thread and the others on the forum to hear other stories.

      R0b in particular has some excellent posts and templates.

      Chances are BMW will insist the payment is owed, the FO will find in their favour, the ICO will do nothing and BMW won't take you to court through fear of losing. As you will see there has been a recent court success which is fantastic, however this was where Mercedes brought the case to court. BMW do not seem to be keen on pursuing this route so if you wished to have your day in court you would have to bring the case against them at your cost & time.

      If you don't pay what likely happens is that balance will sit on your account as owed, they will periodically chase you (Via an annual statement) for it but most damaging of all they will leave a late payment marker on your credit report. This took my 980+ score down to around 500. So the course of action you take I suggest you consider the likelihood of you needing to borrow money any time soon / take out a phone contract / get a new credit card or remortgage your house as that may have an impact.

      Hope that helps.

      Comment


      • Originally posted by Grahammcm1888 View Post
        I have just received a letter from BMW claiming I owe them money for excess mileage after a VT. I never signed their ‘“VT Pack” but admittedly was over in mileage. I don’t intend to pay this obviously beacause I now no longer have an agreement with them. I paid 50% and the car was in great condition. Here is what I believe my options are

        1. Pay
        2. Ignore
        3. Write a letter protesting their charge.

        I am looking for a bit of advice.
        Hi there, I highly reccomend reading back through all of the previous posts in my thread which will hopefully provide you with some more information.

        The upshot is that BMW Financial Services have no legal right to charge you for excess mileage in a VT scenario, but that won't stop them trying, as they're attempting to do with yourself. If you ignore it, they will report your credit account to credit reference agencies (CRAs) as still being open with the alleged balance outstanding (despite your recent VT) and will report a missed/late payment entry for every month until such time as you pay them. This is an underhanded attempt on BMW Financial Services' part to try and bully the likes of both you and I into paying what they allege is owed. If you write to them, they will likely at first send you a load of waffle trying to justify their attempts to manipulate the Consumer Credit Act into their favour, before then ignoring any further correspondence from yourself.

        I've tried to fight BMW Financial Services in the following ways so far:
        - Writing to them
        - Financial Ombudsman
        - Information Comissioner's Office (ICO)

        So far, I've had no joy. There is a contributor to this thread who has recently won a legal case against Mercedes Benz Financial Services for this exact same scenario, and we are waiting on them uploading the court judgement details at the moment.

        My only realistic remaining option is to issue court proceedings against BMW Financial Services, as I'm not willing to pay an amount that simply isn't due.

        Comment


        • The threatening letters have started to arrive , even although I did write to BMW to state that I was not due to pay any money as this was my right under the Consumer Credit Act (Section 100). I even suggested that I will take legal action if my credit rating is affected and/or the letters continue. A route I may have to go down in the future. It would be good to see the evidence of the winning case against MBFS to add some fuel to the fire against them.

          Comment


          • Originally posted by Grahammcm1888 View Post
            The threatening letters have started to arrive , even although I did write to BMW to state that I was not due to pay any money as this was my right under the Consumer Credit Act (Section 100). I even suggested that I will take legal action if my credit rating is affected and/or the letters continue. A route I may have to go down in the future. It would be good to see the evidence of the winning case against MBFS to add some fuel to the fire against them.
            The threatening letters won't last, they haven't for me at least. They just keep crushing your credit file by adding continual missed payment entries until you eventually give in. It's unjust, but it's what they do.

            Unfortunately they'll ignore your letters. They shouldn't, but they do. In my case, they emailed me telling me to stop writing to them, informing me that all future correspondance from myself will be ignored. Clearly I annoyed them with all my legally and factually accurate letters. Boo hoo.

            Comment

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