VT PCP Advice - Miles & Damage

[Glasgow81]

I have recently requested to VT a PCP as my circumstances changed.

At the point of request I had paid 50% of the total amount payable plus 1 instalment.

The car was collected and I have received a request to pay £737. £606 in "excess mileage" and the remainder for a small amount of damage.

I called them today and asked they waive the fees. I encountered additional miles over the last year as a result of a caring responsibility and the really minor damage was on the car when I bought it - a tiny ding and a scuff to a wheel.

They advised tough on the miles it's in the contract and any pre-existing damage I'd have to prove it was there when I bought it!

Their letter says my liability is limited to the amount required to settle the agreement and that if I don't pay it will result in my agreement being noted as terminated.

Isn't the latter exactly what I want? I paid 50%, looked after the car (full manufacturer history, inspector said when he arrived it looked mint - I'm an amateur car detailer) and then saying my liability is the settlement amount - this is incorrect as I have terminated rather than surrendered?

Advice appreciated.

[R0b]

Hello

Who is the lender and can you upload a redacted copy of that letter you received? I would like to see what exactly was said in full

[Glasgow81]

Hi Rob. Thanks for taking a look. Lender is Motonovo. The image is uploaded here https://ibb.co/vd9CNj7

[R0b]

Hi Rob. Thanks for taking a look. Lender is Motonovo. The image is uploaded here https://ibb.co/vd9CNj7

Having looked at the letter, it's not clear what Motonovo are suggesting where they refer to noting the account as being terminated and that it might be difficult for you to obtain credit in the future.

As with anything that is unclear or ambiguous, it is sensible to question it. Do not be afraid to raise anything in their letter that you don't understand and ask them to clarify what they mean by that. It's helpful because if they mean one thing but then change their minds in the future (especially where the dispute gets to court or during an Ombudsman complaint), you can refer to their response as being what they had intended it to mean.

At the same time, you can make your position clear as to whether you are going to pay the excess mileage or not. You can offer a partial payment but make sure you state it is without any admission of liability.

[Glasgow81]

Update - so today I received another letter demanding an amount advising if it wasn't paid the "liability" would be passed to a debt collection agency and my credit file marked.

In my profession I can't have anything adverse on my credit file at all, so I made a call today and was offered a substantial discount on the liability if a payment was made today. I made it clear I didn't accept the liability and made payment under duress and without prejudice.

I'll now follow the template letters only in reverse, to try and recover my payment.

The amount is less than a FOS complaint will cost them, so I am hopeful of a result.

[R0b]

Well the debt is disputed so any marking of your credit file would warrant a claim for breach of personal data and possibly an unfair relationship under s140.

I can understand if you are in that sort of profession and why you would want to make a payment but in the eyes of the law, your not likely to recover it. The simple rule is that if you dont believe your liable, dont pay up.