Voluntary Termination - Please Post the Outcome of your case.

[PzPirate]

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

[Dawnclaire]

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

[Chuchi]

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

[MrsFtheBaker]

Hi

This is the first time I have posted here but have used the information I have learnt from this forum to fight our case against Black Horse Finance for excess mileage charge after voluntary termination of the vehicle.

This started 2 years ago when BH were not prepared to lend any further funds (due to becoming self employed) to move the car over to HP from PCP when the agreement was due to end so we had to find a car elsewhere and decided to VT it and buy the new car.

At the time we were asked to sign a form from BH agreeing to cover excess mileage if there was any when we VT it. We didn't sign the form and wrote to them instead. The car was collected and that is when the letters started chasing for the excess mileage.

We replied to every letter stating the case over and over again that the PCP agreement advised that as long as more than 50% of the cost of the vehicle had been paid there would be nothing further to pay.

Suddenly after about 6 months letters stopped and we thought that was the end of it only to find a few months ago that they had put a default notice against our credit file.

After doing some research on here we sent BH a 14 day letter before action advising that they were in breach of data protection. We didn't hear back from them and so started proceedings in the small claims court.

BH raised a defence disputing the breach of DP and agreed to mediation.

At mediation they caused confusion when they said we hadn't asked for the default notice to be removed, which the mediator could clearly see on the file, but strangely they offered compensation of £324. The legal representative for BH was not in a position to remove the default notice and would take it back to BH

Today we received an email from the legal representatives for BH agreeing to remove the default notice and also to write off the excess mileage charge of £3230.00 as long as we marked the county court action as settled.

Thank you to everyone who posted on here as this was our guidance to getting this resolved.

Don't give up if you know you are in the right.

[R0b]

Well done on persevering, personally I think you could have pushed for compensation in terms of the inconvenience in addition to removing it but the main point is getting the default removed.

I am curious what defence BH raised when they denied liability as to the data protection claim, would it be possible for you to send me a copy of their defence with your personal data redacted? There's a few people in a similar position who might benefit and gain an insight into how they might react if proceedings were issued.

[Sarah08]

Hello, this is my first post.
I’m currently in the process of Voluntary termination with Advantage finance.
I have used the templates provided on this site but so far they are fighting me on the £80 collection charge.
This is the email I was sent by them this morning - is it worth fighting this or is it looking like they’ll dig their heels in?

If they’re behaving like this now I can’t imagine what they’ll be like if they try and do me for any damages to the vehicle.

Thank you for your email. As per terms and conditions of voluntary termination which we abide by the consumer credit act. As a company we have to provide free drop of points throughout the country we do however provide an extra service for collection which is a charge of £80 due to us having to get a recovery truck in to recover the vehicle for you. This is stated in the voluntary termination terms and conditions that would of been sent to you prior to going ahead. This charge will remain outstanding on your credit file until paid.

Has anyone had any luck with this?
Thank you.

[CharlieP24]

Just started a VT for my Range Rover with Black Horse Finance. 50% was £17k but I have paid £19k before deciding to VT. Sent them the VT letter from here and received a response today that I owe £962.72 as a total liability figure before they’ll even collect? What is this?

happy to keep posting updates here as they happen. I wonder if anyone else has had difficulty from Land Rover Finance / Black Horse? the car is worth less than we predicted when I bought it so wonder if that’s why they’re kicking up a fuss