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Excess mileage - ANOTHER ONE!

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  • Excess mileage - ANOTHER ONE!

    This seems like a common theme on this forum however my situation is a little different to most so I would really appreciate some advice.

    I have recently left the UK and relocated to another country for work, as a permanent move. As part of my move, I was told by my car finance company that I was not allowed to take the car with me and I was just over 2 years into a 3 year agreement with them.

    So I asked what my options were and was told by them that I could sell the car privately to another garage for £x amount and as long as they received the stated sum that was fine and I walked away or I had to settle my finance agreement early with them by payment of the up to 50% of the total agreed finance amount.

    The lady on the phone from the financial provider told me that if I paid the up to 50% that day, they would arrange collection of the car to go to auction and as long as there was no damage to the car upon inspection, then I walked away and paid no more. The phone conversation was recorded. I took option #2 and paid the remaining sum to account for 50% of the loan amount that day.

    The car was collected 2 weeks later and I had to authorise my father to sign the paperwork in my absence. Upon collection the guy told my Dad that I was liable for excess mileage, which my Dad disputed with them since that was not agreed with their representative on the phone when we agreed the final settlement to which they responded that they would write to me, at an address I was no longer at.

    I now have received the report from the provider via email informing me that I owe £1700 + VAT for excess mileage at 10p per mile. I have reviewed the paperwork from the original agreement and it does in fact state a mileage limit of 5000 per year for the duration of the agreement. The collection report has the signature of my Dad and the mileage fee is circled, which was done so by the collector.

    When buying the car originally, my sister and father were present since my sister was also buying a car with Ford that day. I asked specifically if there was a mileage limit to the financial agreement and I was told that there wasn't any limit by the salesperson at Ford. This was explained to the finance company by my Dad in my absence when they stated that I was liable for mileage and they said that my issue was with Ford and not with them. However, my view is that the Ford Salesperson acts as an agent on their behalf. Had I been fully informed, I would not have purchased the car since that wasnt a feasible mileage for me to do given my commute.

    With that and the addition of being told by their agent during the settlement conversation that I walked away as long as there was no damage to the car, I'm at a bit of a loss of what to do and how to respond.

    What I would like to know, before I respond to their email is where do I stand with this? Can I quote both conversations regarding excess mileage to them? Obviously not being in the UK anymore, it isn't easy to sort out. Any help or insight would be appreciated massively.

    Thanks.
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  • #2
    Re: Excess mileage - ANOTHER ONE!

    First and foremost, I always suggest never to sign any documentation from the lender or the agent. There's no need and it creates more hassle than its worth (like in your position).

    As for the excess mileage, there's no difference between your position and someone else who didn't sign anything. Regardless of whether you signed the document it has no effect because you cannot contract out of the limited liability and the CCA says that.

    How long are you out of the UK for, more or less than 6 years?
    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
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    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.

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    • #3
      Re: Excess mileage - ANOTHER ONE!

      Hi R0b,

      Thanks for your reply. I don't plan on returning, this move is likely to be permanent.

      Comment

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