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BMW Financial Services playing hard-ball

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  • #46
    Hello - so I also have excess mileage , about £400 . this is affecting my credit rating too. if i was to pay off the £400 would BMW FS have to immediately remove my marker. what I find strange is BMW FS send me a letter every year saying I owe them money , but the Letter states it not a demand for payment and no interest is applied + no debt collector is after me. !

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    • #47
      So it's been a while, but I need to get a response back to the FOS...

      Since my last update, the FOS forwarded a copy of the full T&C's provided to them by BMW FS.
      However, the T&C's are for a different proposal number, and of a newer document version.

      I know this, as I managed to find my original paperwork when clearing out the attic last week...

      So attached is a redacted copy of the full original agreement including T&C's...

      Let me know your thoughts R0b compared to the response from the FOS...

      Thanks
      Gavin
      Attached Files

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      • #48
        So after sitting on my complaint for over a year, the FOS are now chasing me for a response to their decision!

        I've currently got until Weds 22nd to come up with a response...

        Any ideas welcome...

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        • #49
          I will try to have a look later today but if the proposal number is different and the terms are for a later date, then it's clear those are not the terms you signed up to and that should be your starting point. IF BMW can't produce the right terms for your contract, they can't be expected to recover what they are claiming for.
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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          • #50
            Originally posted by R0b View Post
            I will try to have a look later today but if the proposal number is different and the terms are for a later date, then it's clear those are not the terms you signed up to and that should be your starting point. IF BMW can't produce the right terms for your contract, they can't be expected to recover what they are claiming for.
            Great, thanks R0b ... I'll go back today highlighting the issues with the docs provided. If nothing else, it buys some time whilst the FOS round-trips it with BMW FS...
            Last edited by fatmcgav; 20th September 2021, 11:31:AM.

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            • #51
              Wow, I've just noticed that this thread is now 3 years old today!!!

              So the FOS have gone completely silent since their last email, and I must admit I've neglected chasing them... However it would be good to get this issue put to bed.

              R0b would you be able to comment on their response and the associated docs?

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              • #52
                It's entirely up to you as to what you suggest on offering to resolve it. Personally I do not think BMW will bother at all other than if you choose to issue a claim against them and get it finally resolved and you will be stuck in a continuous loop. If you do agree something then consider it a bonus, but make sure that whatever you agree it should be done on a without admission of liability basis.
                Last edited by R0b; 29th March 2022, 10:41:AM.

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                • #53
                  Hey R0b ,sorry I missed your reply as it looks like you edited my post by mistake?

                  Looks like a claim might be the only option then...
                  ​​
                  ​​​​​​@Martyn5767 did anything come of your claim?

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                  • #54
                    Damn, has it really been a year since I last posted?!

                    So as a quick update, there has been 0 change in things, from either the FOS or BMWFS.
                    I'm still getting annual statements from BMWFS, and they're still tarnishing my Credit report with 6 month late payments, even though it's been over 4.5 years since the car was VT'd.

                    Now whilst I've been happy to let this sit in the past, partly through ignorance and partly through not caring, I need to get this resolved now as our current mortgage term expires in just over 6 months...

                    My current thought process is to offer BMWFS a settlement based on initially 50% payment, on the condition that all late markers are cleared and account is marked as settled in full. I'll also include the threat of taking legal action if this issue isn't satisfactorily resolved.

                    Does anyone have any pointers on how best to position the settlement offer?

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