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Hello all (and especially R0b , who seems to know everything there is to know about VT)
In December, I started the ball rolling with my VT through Fiat. They informed me of all the charges I'd have to pay to VT, and I explained that there were some that I wouldn't be paying.
They requested £400 for Vatable products in the contract, which I understood, and paid.
They then collected my car on the 16th January, where the collection man noted two bits of unacceptable damage, totalling £113. As a car salesman, I could understand this, so decided it best not to argue with this, and signed that I accepted the damage there and then, with the idea they would contact me about the payment when they've taken delivery.
Sure enough, on the 24th January, I received a letter, dated 22/01/19, saying what I need to pay:
Front Alloy Scuff: £60
Front Bumper Paint defect: £53
(These, I do not dispute)
Excess Mileage: 14,215 miles @ 6ppm, £852.90
Collection Fee: £138.29
Please pay within 14 days.
That night, I emailed them:
"To Whom It May Concern,
I am writing to you reference your letter, dated 22/01/2019.
In the letter, you mentioned that I owe you sums totalling £1,104.19, consisting of £113 for damage to be considered outside of fair wear and tear, which due to the nature of the damage, I do not contest and you will see I have paid that sum in full this evening.
You also mention excess mileage, totalling £852.90 and a Collection fee of £138.29. As you will be aware, I exercised my right to Voluntarily Terminate the agreement, and as such am not liable for such charges, as they are against the regulations set forth by the Consumer Credit Act 1974 (CCA 1974) (Specifically S99 and S100), which being an Act of Parliament comes above a Common Law contract in the hierarchy of law. I remind you that attempting to contract out of the act is strictly forbidden, and will render the relevant contractual provision (excess mileage and collection charges, in this specific case) null and unenforceable, as per my last emails. I understand I have an ongoing complaint regarding this.
You will note that I have paid in excess of the amount needed to Voluntarily Terminate the agreement (50% of the total amount payable under the agreement). I understand that had I not VTd the vehicle, and had instead continued to full term, the charges would be applicable. However, as I did not, there is no requirement for me to pay either of these charges, as you imply.
I would appreciate your comments to the above, but in the absence of a substantive response, I have nothing further to add and consider this matter to be closed.
Yours Faithfully"
As of 1st Feb, I had received no response or even notifcation of receipt of the email, so I called to check they'd received it. They had, and said they'd be in touch within a couple of days. We're now on the 9th of Feb, 19 days after they sent the letter, and I still have no response. However, I notice that the account is now 'settled' on my credit file.
Do you think this will now be the end of it, as it's gone 14 days and I've had no response to my email.
Thanks in advance, and sorry for the long read.
TW
In December, I started the ball rolling with my VT through Fiat. They informed me of all the charges I'd have to pay to VT, and I explained that there were some that I wouldn't be paying.
They requested £400 for Vatable products in the contract, which I understood, and paid.
They then collected my car on the 16th January, where the collection man noted two bits of unacceptable damage, totalling £113. As a car salesman, I could understand this, so decided it best not to argue with this, and signed that I accepted the damage there and then, with the idea they would contact me about the payment when they've taken delivery.
Sure enough, on the 24th January, I received a letter, dated 22/01/19, saying what I need to pay:
Front Alloy Scuff: £60
Front Bumper Paint defect: £53
(These, I do not dispute)
Excess Mileage: 14,215 miles @ 6ppm, £852.90
Collection Fee: £138.29
Please pay within 14 days.
That night, I emailed them:
"To Whom It May Concern,
I am writing to you reference your letter, dated 22/01/2019.
In the letter, you mentioned that I owe you sums totalling £1,104.19, consisting of £113 for damage to be considered outside of fair wear and tear, which due to the nature of the damage, I do not contest and you will see I have paid that sum in full this evening.
You also mention excess mileage, totalling £852.90 and a Collection fee of £138.29. As you will be aware, I exercised my right to Voluntarily Terminate the agreement, and as such am not liable for such charges, as they are against the regulations set forth by the Consumer Credit Act 1974 (CCA 1974) (Specifically S99 and S100), which being an Act of Parliament comes above a Common Law contract in the hierarchy of law. I remind you that attempting to contract out of the act is strictly forbidden, and will render the relevant contractual provision (excess mileage and collection charges, in this specific case) null and unenforceable, as per my last emails. I understand I have an ongoing complaint regarding this.
You will note that I have paid in excess of the amount needed to Voluntarily Terminate the agreement (50% of the total amount payable under the agreement). I understand that had I not VTd the vehicle, and had instead continued to full term, the charges would be applicable. However, as I did not, there is no requirement for me to pay either of these charges, as you imply.
I would appreciate your comments to the above, but in the absence of a substantive response, I have nothing further to add and consider this matter to be closed.
Yours Faithfully"
As of 1st Feb, I had received no response or even notifcation of receipt of the email, so I called to check they'd received it. They had, and said they'd be in touch within a couple of days. We're now on the 9th of Feb, 19 days after they sent the letter, and I still have no response. However, I notice that the account is now 'settled' on my credit file.
Do you think this will now be the end of it, as it's gone 14 days and I've had no response to my email.
Thanks in advance, and sorry for the long read.
TW
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