VWFS/Audi Financial Services - Excess Mileage Charge

[JungleSnap]

Hi,

I sent all templated letters to Audi which were dismissed, so I went on to make a complaint to the financial ombudsman who have taken Audi’s favour!

I today received a call from Audi finance telling me this information, and if I don’t make a payment immediately or arrange a payment plan, they are passing the debt to a collection agency.

How do I carry on this dispute? I know the car in question has now been sold, with Audi making a profit, making this even more frustrating!

What should my next move be? Original thread link below

Thanks in advance
Carly

http://legalbeagles.info/forums/foru...mileage-charge

[JungleSnap]

Hi,

New to the forum and assuming this may have been covered before, had a look through a lot of the info and previous posts but still have a quick question....

So to fill you in! I have paid 50% of my finanace on the HP agreement and want to voluntary terminate it. VWFS received my notification to terminate letter today and have sent an email asking me to complete their paperwork.

I’ve read in the info that I don’t have to sign anything, so have replied stating as such, just awaiting a response. To be a little pro-active, how much can they push for me to sign their paperwork and what can I do to steer clear of it?

Thanks



Carly

[Kati]

Re: VWFS HP Voluntary Termination

[MENTION=71570]R0b[/MENTION] ??

[JungleSnap]

Hi all,

I'm after a bit of advice on an excess mileage claim after handing my car back a month or two ago.

I have used both 'excess mileage' templates after receiving their first request, and have now received a letter from Audi Finance stating the below -

"Furthermore, I appreciate your position and understanding of sections 100 and 173 of the CCA (1974) and note you have chosen to accept this legislation. However, you have failed to note that section 99 (2) of the same legislation you are quoting explicitly states that "Termination of an agreement under subsection 1 [the right to terminate] does not affect any liability under the agreement which has accrued before the terminations" it continues with "You yourself confirm and agree that legislation prevails, and the legislation included in section 99 (2) of the CCA (1974) confirms you are liable to pay your excess mileage charge".

The have not upheld my complaint and expect full payment for excess mileage.

Could someone help me with this, not sure if I have a leg to stand on!!

Thanks


Carly

[R0b]

Excess mileage is well discussed on here so I would suggest you take a read and form your own view. The general view however, is that you are not liable for excess mileage.

It is irrelevant what wording Audi Finance choose in their terms and conditions, yes the legislation prevails but just because you've signed something saying you agree to pay excess mileage does not automatically mean you owe it if the legislation says otherwise.

Section 99(2) refers to 'accrued' liability and if you take the literal meaning of it, the word 'accrued' is in the past tense. The real purpose of Section 99(2) was to prevent a hirer from paying 70% of the total price payable under the agreement and then exercising his/her right to VT and then recovering their excess instalments over and above the 50% limited liability. So it actually relates to any instalments already paid.

Arguably, excess mileage under the agreement 'accrues' or is 'accruing' whilst the agreement remains in alive. Only when the agreement terminates, has it actually accrued.

Even so, Section 99(2) is qualified by Section 100(1) in that it limits your liability up to a maximum of 50% of the total price payable. 'total price' excludes any sums owed for compensation or damages for breach of the agreement (which clearly excess mileage is).

In any event, they cannot carve out your rights under the CCA so as I said above, it does not matter what wording they get you to sign because if its inconsistent with your rights under the CCA then it is deemed void and unenforceable.

The question is whether you want to fight this or pay up, but that probably depends on how much over your mileage is.

[Bmcb20]

Hi Rob and Carly

I have submitted my form to VT (seat leon cupra 280 64 plate 48 months pcp contract) with VW ( Monday) today ( Wednesday) I have recived a text message from BCA "Dear customer, BCA Logistics have received notification of your Inspection/Collection request on behalf of Volkswagen Financial Services. We will be in contact with you within the next 3 working days to book the appointments with you. Please do not respond to this text".
I'm a bit nervous tbh...it's regarding my mileage and how long does it take for them ( VW) to send the bill?
On your previous post you mention "The question is whether you want to fight this or pay up, but that probably depends on how much over your mileage is."
I have exceed 35 000 miles...( £0.72 per miles = £2520 inc VAT)
I assume they are going to charge me for the miles, If i refuse to pay the amount they send me ( just for the miles) what shoud I do? I've been in a lot of blogs, forums, googling...etc but i cannot find any answer or exemple of same one who didn't pay the bill ( for miles only)...like what happen if they send a letter to go to court, if the case end up in court what has the decision?
Please advise
thank you
Bruno

[xs2man]

An example of someone who didn't pay, and went to court, and what happened is in a sticky right at the top of this board: http://legalbeagles.info/forums/foru...larke-pls-help

[pt2537]

Hi Rob and Carly

I have submitted my form to VT (seat leon cupra 280 64 plate 48 months pcp contract) with VW ( Monday) today ( Wednesday) I have recived a text message from BCA "Dear customer, BCA Logistics have received notification of your Inspection/Collection request on behalf of Volkswagen Financial Services. We will be in contact with you within the next 3 working days to book the appointments with you. Please do not respond to this text".
I'm a bit nervous tbh...it's regarding my mileage and how long does it take for them ( VW) to send the bill?
On your previous post you mention "The question is whether you want to fight this or pay up, but that probably depends on how much over your mileage is."
I have exceed 35 000 miles...( £0.72 per miles = £2520 inc VAT)
I assume they are going to charge me for the miles, If i refuse to pay the amount they send me ( just for the miles) what shoud I do? I've been in a lot of blogs, forums, googling...etc but i cannot find any answer or exemple of same one who didn't pay the bill ( for miles only)...like what happen if they send a letter to go to court, if the case end up in court what has the decision?
Please advise
thank you
Bruno

you may find this helpful too http://www.bbc.co.uk/programmes/b09nqnxd i did a BBC interview a while ago now on this point

[JungleSnap]

Hi,

I sent all templated letters to Audi which were dismissed, so I went on to make a complaint to the financial ombudsman who have taken Audi’s favour!

I today received a call from Audi finance telling me this information, and if I don’t make a payment immediately or arrange a payment plan, they are passing the debt to a collection agency.

How do I carry on this dispute? I know the car in question has now been sold, with Audi making a profit, making this even more frustrating!

What should ny next move be?

Thanks in advance
Carly

[R0b]

Hi Carly,

It's best to keep everything in one thread because it is easier to read someone's problem than having to switch between threads. Kati could you merge the two please?

A debt collection agency has no legal powers except to try and recover the alleged debt on behalf of Audi. The best you will receive from them are some phone calls or letters.

You've said that Audi have made a profit but do you have evidence of this?

Excess mileage is a typical issue on here, so the is plenty of commentary surrounding this and if you have read my guide, then you will understand the arguments that you can make against Audi. I am not aware of them issuing legal proceedings to recover excess mileage and if they did, then there has already been a court case with Mercedes-Benz trying to recoup excess mileage charges and they lost their case.

So If it gets to that point, and you are prepared to defend it, I am happy to assist where I can.

[JungleSnap]

Hi Rob,

Thanks for the reply.

I don’t have evidence no, although sure it could be obtained and proved if necessary!

Ok, I’ll have another look through your blog and see what’s best after all templates have been sent! Have so much going on in life at the minute that this is draining me, but don’t want to give up on this, plus don’t have the money to pay them!

Thanks again for your help, will let you know what I intend to do next, just panicking that if I don’t pay soon the threats will start and i’ll buckle!


Carly