VT with VWFS (Skoda) Excess Mileage Dispute

[JGEE8913]

Good evening all,

I have for a long time been following various threads on the site regarding this issue and have recently undergone VT with VWFS and find myself in a similar position to others and looking for some much needed support on what to do next.

I had a PCP deal on a Skoda Octavia over 36 months. I was eligible to VT at the beginning of August 2017. I held off until October due to waiting for a new car from Audi (also VWFS).

I initiated the VT using the template letter kindly provided on here. (I have attached this to my post)

It took a long time to liaise with British Car Auctions and for them to inspect and collect the vehicle. This was finally completed and I then had a wait to hear back from VWFS (Skoda Finance) regarding excess mileage.

When they did get in touch they asked for £1600 in excess mileage charges. At this stage they did not refer to any part of CCA and just that this was a pro-rata charge.

I replied using the second template letter which I adapted for my own purposes (also attached).

They then contacted me by telephone trying to discuss my 'complaint' with me and trying to resolve this over the phone. I informed them I would not discuss this over the phone and to send me their reply via post.

I have received the reply which I have also attached. I am now looking to the wealth of knowledge on here to help me as to the best way forward with this.

Many thanks

[R0b]

Re: VT with VWFS (Skoda) Excess Mileage Dispute

Morning,

I think you are in the same boat as everyone else on here.

As an aside, did you receive a copy of the condition report on the vehicle and what did it say? Was the car in a reasonable condition?

The gist of all these arguments are that VWFS and alike say that the wording of the contractual clause allows excess mileage to be recovered whereas section 100(1) says that upon you giving notice to terminate under section 99, you are only liable to pay at a maximum, one half of the total price. This is made up of any sums you have paid to date and any sums which became due immediately before the termination except that damages or compensation for breach of the agreement and penalty charges are not recoverable. In other words the only thing you are liable to pay in respect of sums immediately due before termination are any outstanding monthly instalments because they form part of the total price payable and excess mileage charges are liquidated damages and/or compensation for breaching of the agreement.

It is possible that they may pursue you on this so you will need to decide if you want to save the money up and defend it, or just pay up.

[JGEE8913]

Re: VT with VWFS (Skoda) Excess Mileage Dispute

Thanks for the reply R0b,

I have received the condition report. This was completed by BCA and has however been contradicted by VWFS themselves as they have agreed to waive the charges on the condition report because upon them 'reviewing' it have decided that the car was returned in a reasonable and roadworthy condition.

I understand all of the above you have explained and I suppose the real question is if I do fight it which is now the best way to go about this? I am not keen on the route of the ombudsman which is what they have suggested as I have read from other members experiences that they are currently tending to rule in favour of the likes of VWFS.

Is there anyone else that has been in a similar situation and is further along this process who could share their experiences?

Many thanks,

[R0b]

Re: VT with VWFS (Skoda) Excess Mileage Dispute

http://legalbeagles.info/forums/show...h-VT-situation

The above link is a little further down the process than you are so you may be well worth having a read of that. Do you have it in writing that VWFS removed the charges because they considered it to be in a reasonable condition?

[JGEE8913]

Re: VT with VWFS (Skoda) Excess Mileage Dispute

Hi R0b thanks for the reply,

Yes I have this in writing in the letter I included as an attachment.

They state:'I have reviewed your inspection report by British Car Auction (BCA) including images of the damages to your vehicle. I am p;leased to confirm I have removed all charges as I am satisfied they fall within the Fair Wear and Tear guidelines published by the British Vehicle and Leasing Association (BVRLA)'

I think I would like to have a go with the FOS. What are your thoughts on this?

[R0b]

Re: VT with VWFS (Skoda) Excess Mileage Dispute

It is entirely your choice, the FOS hasn't been favourable with consumers but they don't look strictly at the law, and their responses have been pretty naff anyway.

If that's the route you'd like to go down it is up to you and it is of course free of charge.