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VWFS Voluntary termination and final invoice charges help

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  • VWFS Voluntary termination and final invoice charges help

    I know this problem has probably being covered previously but I am new to the forum and would like a little help here please.

    I took out a 4 year PCP finance with VWFS on a brand new Audi with a mileage agreement of 12000 miles per annum and not to exceed the maximum total mileage of 49000 miles.

    All payments were made on time up to and including the final one before the VT. I have now gone though the voluntary termination of the agreement after 42 months - so was well over the 50% VT settlement figure.

    When the car was inspected, the guy from British Car Auctions told me there were a couple of scratches (which I did know about - usual supermarket type of people walking past with coat zips etc), that would be liable for repair and he put these down on his inspection report at £120 (at the time he advised me that rather than having these repaired myself it would be better just to hand the car back as it was). But other than this he said the car was in really good condition. I signed the inspection report without questioning whether I was required to do this (looks like on further investigation I maybe shouldn't have with hind sight but at the time I thought it was a requirement).

    The car was then collected a week later and again before it was driven away, the guy collecting it again inspected it - it does state on Audi's VT form that 'please note, the collection driver is not a qualified vehicale inspector, the inspection carried out by the driver is to ensure the vehicle is road legal'. He pointed out a small dint on the bumper which I had no knowledge of as it was not easily visible but I argued it with him this time and told him that it had not been picked up on the previous inspection and I wasn't happy with his assessment. He then told me that an email report and collection document would be emailed through to me. but to date - over 2 weeks on this has not arrived in any email or written letter. I did photograph the damage pointed out and the car in general just as a back up if there were any issues.

    In the meantime I have sent back the DVLA V5 document with the recorded mileage at the time of collection being 47463. (photographed this just in case)

    Now I have received an End of Contract Invoice from Audi with the following charges:

    Refurbishment costs £131.40 + 20% vat (£26.28) @ £157.68
    Excess Mileage fee £251.83 + 20% vat (50.37) @ £302.20

    There is no information regarding how they have arrived at the excess mileage charge and the extra charge for refurbishment costs.

    I presume that I can challenge both these figures under the CCA terms using a version of the letter templates on the forum, especially as seen as I did not actually go over the mileage figure shown on the agreement (I could have parked the car up until the end of the agreement) and 2) I have no information relating to the additional 'refurbishment' charge from the original £120 advised on the first inspection.

    Please could someone help me by clarifying where I stand - Thank you
    Last edited by fixit44; 22nd October 2017, 21:42:PM.
    Tags: None

  • #2
    Re: VWFS Voluntary termination and final invoice charges help

    tagging @R0b

    Comment


    • #3
      Re: VWFS Voluntary termination and final invoice charges help

      Hello,

      So are you saying that you returned the vehicle under the mileage, pro-rata? Audi would have calculated the excess mileage based on the pence per mile in your contract, usually between 7p - 10p.

      If you have no information about the refurbishment charge then you are within your rights to ask for further information. Have you received a copy of the damage report that was carried out? If not, ask for that also which is not unreasonable especially if they are relying on that.

      There are template letters on here that you can use, but you may need to adapt them slightly to suit your current situation - they are not a one-size-fits-all.
      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


      • #4
        Re: VWFS Voluntary termination and final invoice charges help

        Hi [MENTION=71570]R0b[/MENTION]
        Thanks for answering.

        Point 11.1 on their contract reads,

        'If the mileage covers more than:

        - the maximum annual mileage in any succeeding period of 12 months starting from the making of this agreement; and/or
        - the maximum total mileage; you will be liable to pay us the excess mileage charge shown on page 1. That liabilty will accrue with each mile covered by the vehicle in excess of those mileages. You must discharge to us the charge on demand.

        I am assuming that they are charging me for excess mileage under section 11.4 of their contract, which reads,

        11.4 'If this Agreement terminates early, we will reduce the maximum total annual mileage in the proportion which the actual period of hire bears to the period of hire originally agreed. Any excess mileage charge will be calculated using that reduced maximum total mileage.

        I assume therfore that I am being charged pro-rata. I was under the impression from reading on the forum, that they can not enforce excess mileage once a VT has been applied, although they will try and this is where I will need to use a versio of the online letter template.

        With regards to the condition report. I received the initial report on the day when the guy from British Car Auctions came to inspect. He did advise me at the time that I should challenge this (which maybe he should not have done). However since then I have not, other than the final end of agreement invoice, received any further paperwork regarding collection or condition, which was supposed to be emailed to me.

        It's the first time I have VT'd a car so am a little bit unsure I am on the right track with challenging this final payment.

        Thanks again for your help.

        Comment


        • #5
          Re: VWFS Voluntary termination and final invoice charges help

          Update
          Since sending back the first letter challenging the excess mileage and refurb costs, Audi have now phone me to discuss my complaint even though I was actually expecting a reply in writing.They have agreed to waive the refurb charges but are still insisting that I pay the excess pro rata mileage under the terms of section 100 of the CCA, which I intend to challenge using an adapted version of the second excess mileage template. I have however, since then dug out more paperwork and come across a pre contract finance agreement , which I received from Audi financial services clearly showing the terms on which I was sold and ordered the car. In this it states that no excess mileage will be charged for if the mileage does not exceed 12000 in any succeeding 12 months. No where in here is there any mention of a pro rata mileage condition and at no time did any sales person mention being charged pro rata for mileage.

          Has anyone else had this? Audi have now asked to see a copy of this and have also said that they will be contacting the garage where i got the car from. Would i be right in thinking that if they changed their original terms on which I was sold the car without being told that this would show a potential for mis selling? and would help to strengthen my complaint?

          Thanks

          Tagging [MENTION=71570]R0b[/MENTION]
          Last edited by fixit44; 16th November 2017, 19:24:PM. Reason: Alteration

          Comment


          • #6
            Re: VWFS Voluntary termination and final invoice charges help

            Are you able to upload this document so I can have a look? If that was given to you as a representation that there would be no excess mileage charges but they've subsequently amended this in the terms, then they might not have a defence to this.

            Make sure to remove any personal info.
            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


            • #7
              Re: VWFS Voluntary termination and final invoice charges help

              Hi ROb

              Thanks for replying. I will upload in the next hour with all personal info blocked out.

              Comment


              • #8
                Re: VWFS Voluntary termination and final invoice charges help

                [MENTION=71570]R0b[/MENTION] Please find documents attached for the pre contract agreement, showing the terms regarding the mileage. On this there is no mention of a pro rata charge as far as I can see. Having looked at the date on page 3 I have since found that this was actually dated from the day I actually collected the car and was the terms I was talked through by the salesperson when signing for the car.
                Attached Files

                Comment


                • #9
                  Re: VWFS Voluntary termination and final invoice charges help

                  Originally posted by fixit44 View Post
                  @R0b Please find documents attached for the pre contract agreement, showing the terms regarding the mileage. On this there is no mention of a pro rata charge as far as I can see. Having looked at the date on page 3 I have since found that this was actually dated from the day I actually collected the car and was the terms I was talked through by the salesperson when signing for the car.
                  I think this is already covered on the last page you have uploaded, under related costs.
                  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


                  • #10
                    Re: VWFS Voluntary termination and final invoice charges help

                    Sorry [MENTION=71570]R0b[/MENTION] not quite sure what you mean. Are you saying that the pro rata is actually covered or that it isn't? Thanks

                    Comment


                    • #11
                      Re: VWFS Voluntary termination and final invoice charges help

                      Sorry I've not made myself clear, the Pre-contract information should include information about costs etc. otherwise it could be open for challenge for being an unfair contract term. The pro-rata clause isn't in there and you may be able to argue it, but a court may find that it is a reasonable clause and doesn't necessarily need to be in the pre-contract information.

                      But yes you are right, it isn't covered in there and you may have be able to argue that the pro-rata clause is an unfair clause because it enables the lender to recover excess charges if the mileage is exceeded pro-rata but there is no option to provide a rebate if the mileage is below the agreed amount, pro rata or otherwise. In that case there is a significant imbalance between the parties and in favour of the lender. It may also be seen as a penalty clause if the pence per mileage is calculated so as to allow the lender to recover as much money as possible in anticipation of the debtor exercising their VT right.

                      Arguing something like this can be complex and it is not advisable that this is your only defence, it ought to be tagged onto the end of something more substantial - otherwise you could incur yourself with costs, if the case ever went to court. I doubt you mentioning the above, that will change Audi's position on the matter anyway.
                      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


                      • #12
                        Re: VWFS Voluntary termination and final invoice charges help

                        Ok Thank you [MENTION=71570]R0b[/MENTION] for making things clearer. I would use this possibly in conjunction with one of the second letter templates as i previously wrote above just to help to strengthen the argument. Many Thanks

                        Comment


                        • #13
                          Re: VWFS Voluntary termination and final invoice charges help

                          Hi Fixit - How did you get on? I'm about to embark on my VT/new lease journey soon so trying to get some background.

                          Comment


                          • #14
                            Re: VWFS Voluntary termination and final invoice charges help

                            Originally posted by JazzJPH View Post
                            Hi Fixit - How did you get on? I'm about to embark on my VT/new lease journey soon so trying to get some background.
                            Hi. The story so far....... After speaking with the people at Audi Finance, they agreed to drop the refurbishment charges as they said that the car had been handed back in excelllent condition. I again argued regarding the excess mileage but they would not budge on this. In the end i have paid them the money so that it would not affect my credit rating in the short term. However I told them that I was paying this under duress and would be taking the matter further. I am currently looking at my options regarding miss selling as I believe that I may have documentation to prove this. I was also one of those people who was affected by the emissions scandal, so one way or another I'll get my money back out of them!
                            Good luck with your VT. Do your homework and be prepared for an out of the blue phone call which may be a new tactic they are using to try to catch you off your guard. My advise is to tell them you are busy and for them to contact you in writing that way you have better time fo respond to thier objections.

                            Comment


                            • #15
                              Re: VWFS Voluntary termination and final invoice charges help

                              Originally posted by fixit44 View Post
                              Hi. The story so far....... After speaking with the people at Audi Finance, they agreed to drop the refurbishment charges as they said that the car had been handed back in excelllent condition. I again argued regarding the excess mileage but they would not budge on this. In the end i have paid them the money so that it would not affect my credit rating in the short term. However I told them that I was paying this under duress and would be taking the matter further. I am currently looking at my options regarding miss selling as I believe that I may have documentation to prove this. I was also one of those people who was affected by the emissions scandal, so one way or another I'll get my money back out of them!
                              Good luck with your VT. Do your homework and be prepared for an out of the blue phone call which may be a new tactic they are using to try to catch you off your guard. My advise is to tell them you are busy and for them to contact you in writing that way you have better time fo respond to thier objections.
                              Hi,

                              Thanks for the update - I'm hoping they'll be a bit more lenient since I'm financing through them again. I was affected by the emissions scandal too. Maybe that's a card in my pocket. Thanks for the pointers, no doubt they'll be useful!

                              Jazz

                              Comment

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