BMW Financial Services playing hard-ball

[fatmcgav]

Afternoon...

I've looked at various threads on here relating to VT and BMW Financial Services (BMWFS), and there seems to be a running theme that they like to play 'hard-ball'; And it appears that I'm encountering the same tactics...

So my backstory is that I VT'd my Mini back in October 2018, and the vehicle was collected on October 31st by BCA.
At collection, some damage was noted, including a couple of scratches and some alloy scuffs, which was fair enough...

Fast forward to Nov 14th, and I receive an invoice via email, for a lower damage figure, which is agreeable, and an excess mileage charge of £821.82 equating to just over 14k miles over contracted.
Unfortunately as this was sent via email, it landed in my Junk folder, and I wasn't made aware of it until I received a 'Notice of Sum in Arrears' letter via the post in early December.

At this point, I contacted MiniFS via telephone, and was made aware of the outstanding invoice that was sent via email, which I located in my Junk folder.

This brought me here, and I downloaded a copy of R0b 's very useful template letter which I modified to fit my situation, and then emailed to MiniFS on 16th December; basically stating that I was happy with the damage component of the invoice, but would need to setup a payment plan for the value, and disputing the excess mileage charge.

I received a response to this via post just over a week later, a redacted copy of which is attached.
Essentially, they are flying in the face of the CCA and the Mercedes-Benz Financial Services vs Cahalane court case.

So I was wondering what my next steps should be.
Based on the wording of BMWFS' response, my only real option appears to be to take the complaint to the Financial Ombudsman. Any pointers on wording to use etc?

Thanks in advance for taking the time to reply.

Regards
Gavin

[R0b]

Hi Gavin,

Have a look at the thread below, that person is a little in front of you so you know what to expect.

https://legalbeagles.info/forums/for...excess-mileage

[fatmcgav]

Hi Gavin,

Have a look at the thread below, that person is a little in front of you so you know what to expect.

https://legalbeagles.info/forums/for...excess-mileage

R0b

Cheers for that. I've downloaded the Financial Ombudsman complaint form, and am in the process of reviewing it for upload.

Is it worth mentioning about the fact that BMWFS have incorrectly listed the account as 'settled' but 'open' on my credit record, thereby adversely affecting it?

[fatmcgav]

So just a quick update from me...

I'm still waiting to hear back on my FOS complaint. The last correspondence I had was the standard "we've got lots of these complaints and we're trying to work out how we want to handle them all"...

Today I received a text message from "Debt Managers Ltd" (DML), and upon contacting them I was advised that the outstanding balance has been transferred from BMW FS.
To DML's credit, once I advised them that the account was subject to a FOS complaint, they immediately said that they would stop any further collection activity, and notify BMW FS of the fact, so that was a productive phone call atleast.

I then phoned BMW FS to find out why the account had been passed over.
Initially, I got a "Collection activities still progress even though there's an ongoing FOS complaint", which I challenged, and thankfully when the helpful lady checked with her manager, she confirmed that the account should NOT have been passed over, and they will close the account down with DML and put everything on hold until FOS has ruled...

In the meantime, upon checking my Credit Report today I can see the BMW FS account is listed as 6 months late, and my credit score has taken a battering... Assuming the FOS rules in my favour I will be pressing BMW FS to correct the status and incorrect information...
Thankfully I don't need to apply for any credit right now...

Is there anything else I should be doing in the meantime, or just wait for the FOS to rule?

[fatmcgav]

So I'm STILL waiting to hear back on my FOS complaint.*

Has anyone else with a similar complaint heard back yet?*


The issue now is that I have an interest free CC that expires in the next few months, and the "missed" payments recorded on my report by BMWFS has trashed my score, so I suspect I'll struggle to get a new deal to balance transfer. So I could do with having this sorted soon...*

Any ideas?

[R0b]

Have you contacted the FOS to complain about how long it has been and when do they intend to give some kind of response? I know some people have been waiting over 12 months and its not acceptable, especially when this is having a continuing negative affect.

[fatmcgav]

Have you contacted the FOS to complain about how long it has been and when do they intend to give some kind of response? I know some people have been waiting over 12 months and its not acceptable, especially when this is having a continuing negative affect.

Contacting the FOS was on my list this week, as it has probably been 12 months since I first complained to the FOS...*

Will update with feedback...*

[fatmcgav]

So I just spoke to the FOS, and my case is STILL awaiting to be assigned to an investigator, after over 12 months!!!

Shocking, and to say that I'm annoyed is an understatement.*

I'm planning on lodging a formal complaint with the FOS. Any tips on best way to approach it?

*

[MIKE770]

same with many of us over a year waiting, shows with all complaints the monetary system is trash and regulators out of touch with regulating hence so many complaints and companies know get regulator over whelmed and they can get away with it

[MIKE770]

So I just spoke to the FOS, and my case is STILL awaiting to be assigned to an investigator, after over 12 months!!!

Shocking, and to say that I'm annoyed is an understatement.

I'm planning on lodging a formal complaint with the FOS. Any tips on best way to approach it?

waste of time - we are all queueing - in fact they are now sending case not upheld to get rid of them?

[fatmcgav]

So I sent an email to the department email address that I found on one of the letters (casework_DP03@financial-ombudsman.org.uk) yesterday, asking for an update.*

I received the following response today:

Thanks for your email asking for an update.
*
Although your case hasn’t been allocated to an investigator yet, it is in the right place and with the correct team. We’ve received a large number of similar complaints about excess mileage, and we’re currently reviewing the legislation surrounding voluntary termination. This is taking longer then we’d like, but it’s important that we take a consistent approach when dealing with similar cases.
*
We need to ensure that we have taken everything relevant into account so that we can give an answer that we feel is fair and reasonable in the circumstances. Please accept my apologies for the delay. But once our service is in a position to decide individual complaints, we will let you know.
*

I'm struggling to see how they are STILL reviewing legislation etc. Especially given the outcome of MBFS vs Cahalane as pinned on here...*

Pretty poor would be an understatement by the looks of it...*

[GreggM]

Been over a year for me with the financial ombudsman against BMW. Credit file has been trashed and still no news. How long can this process continue for? Quite frustrating but i am not going to give in!.*

[fatmcgav]

I know, it's beyond a joke...*

I've been reviewing my financial plans for the next few years over the past week or so, and I've got an interest free CC expiring in May that I'd like to move onto a new card if possible. However with the black mark from BMWFS I've got zero chance of getting a decent rate anywhere.*

R0b I noticed that in another thread (https://legalbeagles.info/forums/for...12#post1511112) you suggested sending a "Letter before Action" in order to try and get the inaccurate data removed from the credit record.*

Is that something that I could do in this scenario? Granted I've got an open FOS complaint ongoing, but judging from other replies that could be another 6-12 months.*

Thoughts or suggestions?*

Thanks in advance.*

[R0b]

Absolutely you can. However be aware that once you start the process you should be prepared to follow it through otherwise if you only go in half hearted then you'll be prone to mistakes and not getting things in in the deadlines etc.

As a heads up, I would expect BMW to instruct a firm of solicitors to defend the claim and, being realistic you should expect them to take it down to the wire before trying to settle and/or turn up to the hearing.

More than happy to help you along the way where I can but you have to take responsibility for managing all of it. Alternatively if you have the means or would like to at least discuss your prospects, why don't you have a chat with pt2537*and see if the firm he works for will take on your case for a reasonable fee.

[fatmcgav]

Hey R0b,

Thanks for the swift reply, and apologies for the radio silence from me. For some reason I don't seem to get any kind of notification on new replies :s

I'm guessing based on your response that going the legal route isn't going to be a quick process either?

I've seen some other topics mention making a partial settlement offer, accepting no liability and conditional on all late payment makers being removed and the account settled in full.

Is that likely to be a quicker route to restoring my credit record? I'd rather not pay money out that I don't have to, but versus paying interest on my CC balance, it's probably the lesser of two evils...

Cheers
Gavin