Alfa PCP Change in Terms on back of GDPR letter

[R0b]

Sorry I didn't read the original T&Cs compared to the changes. You might want to contact Alfa an say that their final response is inadequate and have instead only chosen to focus on the GDPR element. The letter further suggests that they can "make changes to the finance agreement" but have failed to point out what clause allows them to vary any terms except for the charges set out in clause 3.2. You should give them a short window of like 7 days to respond and in the meantime prepare your FOS complaint.

Quite honestly, the FOS are crap anyway and I would fail to see how Alfa could enforce those terms apart from the charges which would be subject to fairness, when as you say there is no variation.

[ChuckVader]

Thanks I sent an email back early to them asking them to address my second point although I didn't set a time limit.

Will see what they say shortly hopefully.

[ChuckVader]

Sorry I didn't read the original T&Cs compared to the changes. You might want to contact Alfa an say that their final response is inadequate and have instead only chosen to focus on the GDPR element. The letter further suggests that they can "make changes to the finance agreement" but have failed to point out what clause allows them to vary any terms except for the charges set out in clause 3.2. You should give them a short window of like 7 days to respond and in the meantime prepare your FOS complaint.

Quite honestly, the FOS are crap anyway and I would fail to see how Alfa could enforce those terms apart from the charges which would be subject to fairness, when as you say there is no variation.

Well, today I got a call saying the FOS had reviewed my case and were not going to uphold it. Waiting for the official letter or email, they did, however, say FCA would honour the original price but that the terms and condition just expanded and clarified there meaning so were entitled to change them...


I want to specifically ask them how this term won't effect me as this is a new condition particularly the bit in bold.

13. Excess Mileage The Maximum Annual Mileage is the mileage you agree that the vehicle will travel on average each year during the term of the Agreement. This figure is used by us to assess the Guaranteed Future Value of the vehicle because your annual mileage affects the future value of the vehicle. If you exceed your Maximum Annual Mileage, you have not taken Reasonable Care of the vehicle and as a result, you must pay us the Excess Mileage Charge shown in the section headed “Excess Mileage” for each excess mile (or part of a mile) for each year. The Excess Mileage Charge is a reasonable preestimate of our loss. We shall not ask you to pay this charge if you purchase the vehicle from us in accordance with the provisions of the HP Agreement and the vehicle becomes your property. If your agreement ends early and you have exceeded your Maximum Annual Mileage up to that time, you will be charged the Excess Mileage Charge.

Have there been are court cases where not reasonable care because of mileage was challenged?