PCP Car Finance - Voluntary Termination - Excess Mileage: Dispute with paperwork

[dannyboymills]

Hi,

I know this has been talked about in a lot of posts but I have a very specific question regarding my paperwork. i will get to the point as quickly as possible.

The 2 page contract had all of the usual information - but says nothing about mileage. We signed the second page.Â*We never received any digital or hard copies of the contract when we signed for the car in June 2015.

Now that we are looking to terminate early, we requested a copy of the contract. On receiving it we noticed that there was a third page saying the max mileage was 5000 per year charged at 6p a mile we go over - there was no signature from us on this page and we do not believe we have ever seen this part of the contract.

From the other discussions about this I am pretty certain we will not have to pay this excess mileage (£1600 - due to being 28000 over as we told them we wanted 15000 miles allowence per year, which they obviously ignored). However, as it is actually in our contract - in a back handed way - I just wanted to make sure that we were in fact legally or not legally obligated to pay for the excess mileage?

Thanks,Â*R0bÂ*
Dan.

[Laticsforlife]

Hmm, an interesting one his.

On one page that you do admit to seeing is the 6ppm comment and this refers you to para 13??

I can't see any numbers on these paras, so where is 13.

The signature you say isn't yours, isn't meant to be yours. When you apply, they send you the forms, and you sign your bit, then they send you a signed copy of them accepting your application. You should have had a blank version of that page, and then later a signed version (which only now have you got).

You may find it hard to prove you didn't get page 3 (twice, I think?). Shame the pages aren't numbered, like page 1 of 3 etc. But that'd only go to prove that you should have noticed a page missing, so it doesn't aid you, I'm afraid.

Did it really have 0 miles on it when delivered, I find that unusual, mine came from the docks and still had 8 miles on it. If it had some mileage you could argue that you would have queried it as it didn't match the form.

You may have to rely on the whole law says I can VT and makes no mention of mileage thing - is the car in otherwise good condition?

[Laticsforlife]

Sorry, just seen something that you can chase up.

The forms you have put up are presumably copies from originals now sent to you from the finance company, and if you look carefully you can clearly see a staple mark in the same place on the page you signed, and on the page they signed.

Did the version you signed have staples? if so, I'm afraid it looks like you missed the important page on the copy you returned, and your copy didn't have it, but either way, if they can show you the original and that page is stapled (or has been) then it doesn't look good for your argument that you asked for 15,000 miles and paid for 5,000.

[dannyboymills]

Sorry, just seen something that you can chase up.

The forms you have put up are presumably copies from originals now sent to you from the finance company, and if you look carefully you can clearly see a staple mark in the same place on the page you signed, and on the page they signed.

Did the version you signed have staples? if so, I'm afraid it looks like you missed the important page on the copy you returned, and your copy didn't have it, but either way, if they can show you the original and that page is stapled (or has been) then it doesn't look good for your argument that you asked for 15,000 miles and paid for 5,000.

Thanks for spotting the fact about the staples, I have noticed the page we have signed only has one staple mark where the others have two - possibly indicating they are taken from different sources and maybe proving that the contract did not have this back page originally?

We never received a hard copy or digital copy of these documents, because if we did we would have spotted the 5000 annual mileage straight away - the whole reason for us getting the car was for work that involved a lot of driving (sometimes 500 miles a week). Is there something here that we can chase - as you say above they send the final page out once the finance company has seen the agreements or have I misunderstood that?

As the second page states mileage however, does that mean we are liable to pay for mileage? it is now just a case of how much - 5000 miles allowance a year or 15000?

[dannyboymills]

They have now sent me the terms and conditions with the section 13. it states:

__Excess Mileage ____The Maximum Annual Mileage the Goods may travel on average per year during the term of the HP agreement is shown in the section headed “Excess Mileage”. Â*If the Goods exceeds that Maximum Annual Mileage multiplied by the HP Agreement Period, you must pay us, when we ask, the Excess Mileage Charge shown in the section headed “Excess Mileage” for each excess mile (or part of a mile). Â*We shall not ask you to pay this charge if you purchase the Goods from us in accordance with the provisions of the HP Agreement and the Goods becomes your property.Â*

I have attached.
Â*

[Laticsforlife]

Have you ever seen this before or is this the first time they've ever shown you the T&C's of a contract you were signed up to!

[dannyboymills]

Have you ever seen this before or is this the first time they've ever shown you the T&C's of a contract you were signed up to!

I can confirm that we did not have these present and this is the first time we are seeing them.