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Voluntary Termination - Please Post the Outcome of your case.

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  • #46
    Originally posted by jonevns1990 View Post
    Hi all, some good news!*

    Having spent a good 18 months arguing to and fro with BMW FS I can confirm the mileage charges have finally been dropped and the adverse entries to my credit file have been removed.

    This essentially came down to me accusing them of coercing and falsifying my finance documents. As R0b has mentioned multiple times, the people that read and respond to these letter are most likely low-level customer support workers with no real awareness of 1. The law, and 2. How to counter concise arguments, thus going on the offensive and dropping themselves in it.

    I won't go into the details but I am more than happy to supply you with my correspondence should you wish to see it.

    Keep plugging guys - you will get there eventually!
    Hi jonevns,

    Would love to see that paperwork please, its hard work isn't it!!

    KR PzPirate


    • #47
      Hi, I started a claim against Nissan finance back in July 2019. I had excess mileage on my Juke, to the cost of arounf £1,700. I sent in letters to the FOS from this site, particularly the case against Mercedes.

      It's taken 2 years for them to reach a decision...... But it is in my favour
      They have decided to not claim the excess from me - see email below:
      Your complaint about RCI Financial Services Limited trading as Nissan Finance

      Thank you for your patience while we’ve been looking at your complaint. I’m sorry it’s taken longer than we would have liked to provide you with an answer. As previously explained, this was because of the complexities involved.

      The business is making you an offer

      Following our investigations and discussions with the business, they have now agreed to settle your complaint about the excess mileage charge being applied when you voluntary terminated your car finance agreement.

      In your case, this means the business will either waive the excess mileage charge or, if you have already settled your excess mileage charge, they will now refund the charge adding interest at the rate of 8% simple per year from the date of payment until the date of settlement. If any adverse information has been recorded on your credit file – in relation to the period where the excess mileage charge wasn’t paid – this will now be removed.

      This is in line with what the Financial Ombudsman Service would expect in these types of situations – and I think their offer is fair and reasonable.

      What happens next?

      I think this is a fair outcome in the circumstances, for the reasons I’ve explained.

      If the business’ offer is acceptable, you don’t need to do anything. They’ll be in touch directly with full details of the settlement, in the next six weeks.

      If you're not happy with the offer, or if there are outstanding secondary issues to your complaint, please let me know within TWO WEEKS. If I can’t resolve things, an ombudsman here can look at everything again and make a final decision.

      If I don’t hear from you by TWO WEEKS, we might not be able to look at your complaint again. So please get in touch as soon as possible to let me know what you’ve decided.

      If you have any questions – or need more time – please get in touch within two weeks of the date of this letter and we’ll be happy to help. You can get in touch by emailing casework_DP03@financial-ombudsman.org.uk, or calling us on 0800 023 4567.

      If we don’t hear from you, we’ll take it the business’ offer is acceptable and we won’t take the complaint any further.

      Kind regards

      Cesca Hall | Investigator |

      Financial Ombudsman Service | Exchange Tower, London, E14 9SR


      • #48
        SUCCESS with Vauxhall Finance (GMAC) on having excess mileage charges dropped, 'damage' charges dropped and refund of a Direct debit taken after the VT. It has taken 14 months to resolve and I have had to be patient through some fairly aggressive phone calls and communications on the excess mileage in particular. What has helped me is not rushing to the ombudsman.

        No legal action, no ombudsman and no impact on credit file.

        Without the excess mileage and damage (they did at the auction house... photos essential!) the VT would have been really easy and straightforward.

        More here: https://legalbeagles.info/forums/for...excess-mileage

        Thanks for the info and templates R0b Amethyst
        Last edited by Chuchi; 19th August 2021, 10:16:AM.


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