Excess mileage charge

**R0b** · 18th August 2017, 09:48:AM

Re: Excess mileage charge

Hello,

If you can complete the following information below as a starting point that would be helpful. So what exactly do you want to do? Are you wanting to pay up the excess mileage, or fight it and have your day in court?

Did you have anyone at the time who can verify what the sales person said and/or the finance director? Is it in writing? As a rule of thumb, if someone is going to make a statement, either get it in writing or take a witness with you who can verify what was said - otherwise its your word against theirs.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed:
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: Please type out in full excluding names/account numbers:
List any letters you have sent (eg: CCA/ CPR )
Any Other Information or Background Details:

**dantc** · 21st August 2017, 09:05:AM

Re: Excess mileage charge

Needing some help.I recently VT my BMW agreement, i was over the 50% and was instructed i would be liable to pay nothing further from a BMW Salesmeni used one of the legal beagle templates in response to BMW regarding section 99 and 100.now i have had 2 letters from BMW first one is title excess mileage and they have quoted the following'thank you for your recent email in respect of the excess mileage invoice raised on your agreement. having taken your comments into consideration and after a full review of your agreement. i am now able to respond to the points you have raised.please allow me to explain why we are justified in raising the excess mileage invoice as per section 99(2) and 100(4) of the credit consumer act 1974when reviewing the CCA 1974, it needs to be taken into account as a whole. We do not disagree that the act does advise that you will be liable for 'one half of the total price' in section 100(1). however section 100(4) expands on this and specifically states : ''if the debtor has contravened an obligation to take reasonable care of the goods or land, the amount arrived at the subsection (1) shall be increased by the sum required to recompense the creditor for that contravention, and subsection (2) shall have effect accordingly''.it needs to be accepted that a vehicle is a devaluing asset; the more miles the vehicle is returned with, lower the value of the vehicle, as you have exceeded the pro-rated mileage allowance of which you have agreed and signed to, this has put the vehicle out of good condition.i would like to bring you attention, section 173 of the credit act, whilst this states that a contractual term is unenforceable should it add additional liability. Your duty to pay for the excess mileage under the ''excess mileage chargers for depreciation''. section of your agreement should you end the agreement.please be aware that our stance will remain unchanged. as explained in the terms and conditions of your agreement, it is your liability to settle the invoice amount, it is not the responsibility of BMW financial service to take this complaint further as a final response has been issued.should you not agree with our response, details are explained below of where you can escalate your complaint. in light of this, collection activity will continue and i must make you aware that any payment outstanding for 28 days or more may have negative impact on your credit file.and the second letter is a notice sums in arrears relation to agreement. has any1 got any advice for me? as i was told by a BMW salesmen that i am not liable to pay excess mileage chargers and have emails to prove this, and also used a legal beagle templates for VT for bmw. thnaks

Excess mileage charge