Document and keep all correspondence such as this because you can rely on it as evidence in your claim which might make it hard for BMW to prove otherwise. For example, they continue to claim that excess mileage is a contractual charge yet despite the CCA explaining that such charges are not recoverable when you VT. It just goes to show how silly they would look trying to arguing that point if it went to court.
You have no obligation to go to the Financial Ombudsman although a court might ask why you didn't attempt that before issuing a claim, your answer could very based on the simple fact that the issue at hand requires an interpretation of the law and which the Courts are best equipped to deal with, not the Financial Ombudsman who only looks at what is fair and reasonable in all the circumstances.
You have no obligation to go to the Financial Ombudsman although a court might ask why you didn't attempt that before issuing a claim, your answer could very based on the simple fact that the issue at hand requires an interpretation of the law and which the Courts are best equipped to deal with, not the Financial Ombudsman who only looks at what is fair and reasonable in all the circumstances.
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