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Are you sure that is the entirety of your contractual agreement? There is usually a set of terms underlying these two pages which is just a summary of the agreement.
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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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LEGAL DISCLAIMER
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. -
I've been having a further read through of the FOS response, and cross-referencing it against the transcript from "MBFS vs Cahalane", and I think the pertinent points are 13-16.
From the FOS reply:
However that seems counter to point 13, specifically "It did not accrue at the point at which any mileage was exceeded, but it only accrued by crystallising on termination of the contract."When did the excess mileage charges accrue under the agreement?
On the first page of the agreement, under the heading “Excess Mileage Charges for
Depreciation” the agreement sets out that “Excess Mileage Charges will accrue immediately
prior to termination” (full clause set out above).
I think this wording makes it clear that the charges for excess mileage accrued before Mr
Williams terminated the agreement, and the charges are therefore, pursuant to section 99(2)
CCA, not affected by termination.
The FOS section "Are the charges properly chargeable, notwithstanding the Regulations?" also seems to fit squarely in point 16...
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So that's a copy of the agreement that BMW FS supplied to the FOS... Annoyingly I'm struggling to locate my paper copy of the agreement, so I asked the FOS to forward me what they had received from BMW FS...Originally posted by R0b View PostComment
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Either BMW are trying it on and being selective in what they're supplying to the FOS or they don't have the remainder of the contract. Check out the link below on the first page, you'll see it contains a number of underlying terms and conditions attached to the summary pages.
https://legalbeagles.info/forums/for...0-mini-bmw-pcpIf 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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LEGAL DISCLAIMER
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.Comment
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Sorry for the late reply R0b ... I'm struggling to find the original copy of my paperwork... I think it might've been destroyed when we had some water damage a couple of years ago...
I've still got a couple of days to respond to the FOS, and can also ask for an extension if necessary...
Any thoughts?Comment
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Ask for an extension.. mention that you believe BMW have not supplied the full terms and conditions and therefore the decision is flawed since it is based on an incomplete agreement. As you can't find the paperwork, you need to make a subject access request for this and therefore need time to receive the terms before you can properly respond.
You'll need to make a SAR asap to BMWIf 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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LEGAL DISCLAIMER
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.Comment
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Thanks for the swift response... I'll follow up with the FOS now and also ask them to provide me with a copy of everything that BMW FS has supplied them related to this complaint.Originally posted by R0b View Post
I'll also get the ball rolling on a SAR today... Something new to learn how to do
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Quick update.. BMW FS have acknowledged my SAR, so just need to wait for everything to come back now...Comment
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So BMW FS missed the 30 day deadline for responding to my SAR...Originally posted by fatmcgav View Post
Any pointers on next steps?Comment
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Go to ico and complaintComment
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Cool, will do... Looks like the ICO even has a simple guide: https://ico.org.uk/your-data-matters...h-the-outcome/Originally posted by MIKE770 View PostComment
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I have had the exact same issue as this topic. BMWFS claimed excess mileage charge, defended took to FOS back in 2018, after 3 years of chasing finally had an initial decision finding in favour of BMW (it was as though they had written it). Have taken it to next level and also complained about time taken. Put a complaint in to ICO who found in my favour but very little came of it (BMW don’t seem that bothered about this). Looks like court could be only option as FOS just seem to be a mouthpiece for BMW.
I have also had a credit marker on my file for all this time and has destroyed ability to get any sort of credit. I can post the FOS judgement on here if you like but don’t want to spoil the thread.
I will raise with the independent assessor as well.
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