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My rights with VT a PCP deal - excess mileage

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  • My rights with VT a PCP deal - excess mileage

    Hello all,

    I just wanted to clear a few things up.
    I took out a PCP deal in August 2014 with Renault, RCI Finance. At the time, the salesman put me on a very low PCP allowance of 6000 miles per year. The salesman told me that if i was to hand the car back and get something new at the end of the term, this would never come into play. I also have, in writing, that this was the case 'unless there is negative equity' (and at this point i had no idea what that meant).

    Anyway, long story short, 6000 was no where near enough for me, and was soon finding I was doing around 18-20k miles a year. After Renault called me to discuss trading in, it put a worry in my mind about what to do with the car, as the salesman said they could 'absorb the negative equity' which, upon doing a lot of research, seems like the worst idea. Since then, a few months later, i've managed to get an internship abroad which starts Jan next year for 3 years. I have no use for the vehicle, I have nowhere to store the vehicle, and realistically, I wont be able to afford to keep a car i'm not using. So i've been looking into voluntary terminating the PCP deal, as per my contract.

    My agreement states:
    You have a right to end this agreement. To do so, you should write to the person you make your payments to. They will then be entitled to the return of the goods and to half the total amount payable under this agreement, that is £xxxx.xx. If you have already paid at least this amount plus any overdue instalments and have taken reasonable care of the goods, you will not have to pay any more.


    However, it also states:
    Annual mileage allowance: 6000 miles. Excess Mileage charge: £0.08 per mile.
    You must not exceed the annual mileage allowance. For each mile driven in excess of the annual mileage allowance, you will be required to pay the excess mileage charge. This will be charged on expiry, or the earlier ending of this agreement, or where you request us to act as your agent to sell the goods (see paragraph 10 of the terms).


    I've read all sorts about people getting bills through and RCI threatening legal proceedings etc. The car is in good condition, has full service history, minor scuff to one bumped and a few paint chips here and there, but considering the miles, very good inside and out, so I really dont think its a case that i've not looked after the vehicle. My concern is that on one hand they're stating i have nothing more to pay if there has been reasonable care taken, but on the other, i'll pay the excess mileage charge, so i am not sure what takes priority over the other. I've also read that in the consumer rights act, it states about not paying these charges too, so any help would be amazing for someone that is really really clueless.
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  • #2
    Re: My rights with VT a PCP deal - excess mileage

    Hello,

    Take a read of this as a starting point.

    http://www.legalbeagles.info/forums/...on-Your-rights
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      Re: My rights with VT a PCP deal - excess mileage

      Hi [MENTION=71570]R0b[/MENTION]

      Thanks for this

      Have been reading this for the last few days haha. But then i have also read threads like:

      http://legalbeagles.info/forums/show...+terminate+pcp

      It seems as if the excess mileage charge seems to win. Obviously i dont expect RCI to just go 'Oh ok, thanks for the letter and quoting the consumer act, we'll ignore the miles', so i am prepared to fight it, but i'm nervous about all this talk about going to court and CCJs etc. Having read about people fighting this, most seem like they end up paying the mileage charge anyway, so i'm just wondering if its not worth the aggro and financing the excess mileage somehow, something that i really cannot afford to do.

      Comment


      • #4
        Re: My rights with VT a PCP deal - excess mileage

        Hi Cherrybear

        Well, the Financial Ombudsman Service is there to make a decision about what is fair and reasonable. They are not obliged to strictly follow the law provided they give adequate reasons why. Just because the FOS side with lenders does not mean that a court will also do the same, because they will have to look at what the law says and follow it, which is perhaps why lenders may be reluctant to go to court (unless its worth the time and cost) but also perhaps for fear of setting a precedent.

        So it is a bit of a complicated situation and the guide simplifies it in the best way possible but ultimately it is up to the end user to make their own decision. Yes pretty much most people end up paying up in the end for one reason or another but it is all dependent on their own circumstances.

        If you go to court and lose your claim then you do not automatically get a CCJ. You have a grace period of one month from the date of the judgment to pay in full without one showing on record. Court claims these days are averaging 6 months or more from the start of issuing proceedings to a hearing. Therefore if you do want to defend, it would be sensible to save up money each month if possible just in case you do have to pay. If that's not possible then you may want to consider settling it.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment

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