VT - Motor Depot PCP - FCA

[Duffyscouse]

Hi - I am coming towards the end of my PCP contract (think I have 3 or 4 months left so I have paid well over the 51%
The future value is around £4600 - Citroen DS3 HDi 1.6 Style - About a year ago I wanted to change cars but was told the depreciation on my car (diesel) was far more than envisaged (worse) and that was because it was a diesel and they had dropped dramatically in value just after I took out the PCP (yeah great). I recently enquired about VT and was told that I would have to pay for damage beyong reasonable use (I have three scuffed alloys - front two are quite bad along outer rim) and I agreed to use 8000 miles on the plan per annum - which would have taken me to 68000 miles over the car's PCP - I am currently at 74500 miles and the car is not in use as I have purchased Peugeot to replace it.
They have offered to sell me the vehicle for £5100 (Parkers value it around £3800 - £4200

I assume if I VT I have to pay the excess mileage ? - I could get alloys done for £180 for all 4 but they would be one colour BLACK (currently diamond cut black and silver) Of course I'd rather pay nothing and walk away - I'd be happy (ish) to pay the mileage but looking for advice please - Ideally I want to hand it back and not go to court an/or pay the minimum

Regards

DS

[R0b]

Hello

I suggest you read the VT Guide to give you the answers you need. My view is that excess mileage is not recoverable but that won't stop finance companies from threatening entries on your credit report in order to pay up (for example, BMW and Barclays have a habit of this) in the knowledge most consumers get frightened and don't want to go to court over it.

Whether you agree to pay the excess is a choice entirely up to you.

[Duffyscouse]

Ok I went to the inspection at Manheim and they took 15 minutes - I returned to the car and he read the detail (couple of scuffed alloys, a mark on rear bumper, said there was a small paint issue on a door edge near wheel and that the drivers door has a slight dent - which I couldnt agree with) he accepted that I wouldn't sign the ipad screen and said 'I'll put refused to sign and say that you disagree" which I did agree with - he mentioned the vlaue of repairs was £535 (or similar) and that he inspected it as a showroom car next day - again I said "Thats unreasonable as it is 6 years old".
I had made 43/44 payments out of the 48 before VT so I have paid over £7500 for a car that was originally priced at £8k (of course plus added interest and I opted for service and mot pack) I also bust the miles by around 9000 over the term - any suggestions ? Where do I stand legally

thjanks

DS

[R0b]

The VT guide should give you sufficient knowledge and understanding to know where you stand.

You only have two options, pay up or dispute it.

[Duffyscouse]

I sent a template letter and received this by return


In regards to the damages disputes, the law governing VT’s refers specifically to costs resulting in damage or misuse. The relevant section of the law is the CCA 1974, Part V111 section 100 and states the below:



As a gesture of goodwill I am willing to remove £76.75 off the damage amount for txccdfgdbhgfhj

In regards to excess mileage, please note the Common Law of Misrepresentation allows the business to recover costs associated with unexpected depreciation in the event that the customer has exceeded the mileage allowance at any point in the contract and terminates early. As such we are within our rights to recover the loss associated with this based on the fact that they potentially misrepresented their intended use of the vehicle. This confirms that we are eligible to charge this for Voluntary Termination (VT) customers.


Opinions / options welcomed please

[R0b]

Typical template response. If you do a search of the forum for 'common law of misrepresentation' you'll see a horde of the same responses.

If they are so confident of being able to recover these charges, invite them to commence legal proceedings and let a judge decide. They have no authority to back up their points other than the own interpretation whereas the law is on your side pretty much.

[Duffyscouse]

I have invited them to do just that

Let's see where it goes next ! dropping a £1k bill by £76.75 is a poor effort in my opinion

Regards

DS

[Duffyscouse]

Their final offer is attached - thoughts please ?

Dear dafsasdfsdaasd


Thank you for your email.

As a gesture of goodwill, I can waive 2 of the alloy wheel charges which totals to £120.00.

Following this reduction, the revised amount outstanding is now £790.12, I have attached our bank details to this email if you wish to make the payment via bank transfer, alternatively you can call us and make the payment over the phone. Please note this is our final offer, if you are not happy with this, then you can take up an official complaint with BVRLA.

All vehicles returned to FCA Automotive are inspected in line with the British Vehicle Renting and Leasing Association fair wear and tear guidelines. This ensures that all customers are treated fairly with regard to any potential charges upon the vehicle return. Unresolved complaints may be referred to them by visiting their website https://www.bvrla.co.uk/consumer-adv...laint-adr.html.


If you have any further queries, please do not hesitate to contact us.

Kind Regards,

zxcccc\zc\

End of Contracts Specialist

[R0b]

Your decision.

[Duffyscouse]

I have drafted a reply suggesting they apply CAP inspection rules and that the car is in Good to VERY Good condition when returned and that BVLRA appeal is pointless as they are back their own standards obviously - I would be open to negotiation and would be happy to pay under £450 - any thoughts ? I haven't sent it yet

thanks in anticipation

[Duffyscouse]

Nothing received after I sent my email - though they acknowledged receipt - though I did receive a text from FCA asking me to call them urgently, I haven't responded - I don't want to start them off and leave voicemail trails etc. and get their document and legal beast whirring !

[Duffyscouse]

Hi - anyone still looking in ?

Today I received a letter from FCA dated 12/9/19

It states I need to pay £xxx by 19/9/19

But doesn't offer any consequences I can see - It says they wrote to me recently - most of correspondance has been via e-mail sying they want me to clear the outstanding balance on my agreement, and that they cannot complete the Voluntary Termination until I pay it.


It says I need to pay this --


Contractual Amounts Due - £0.00
Damage Recharges/Excess Mileage - £7&$.%$ (Over £700)
Total you need to pay - same figure as the one above (over £700)

How To Pay

Please pay by debit card calling 0844 xxxxxxxx. If you're having trouble paying, let us know so we can discuss options. We have attached an income/expenditure form for you to complete and return in order to support any payment plan. If one is required (to be fair it would be if they want the money requested as I am clean out after forking out for University fees?)

If we dont hear from you, any contractual amounts due may affect your credit rating and make it hard for you to get credit in the future.


We look forward to hearing from you

The Collections Manager

FCA Automotive Services


I assume that As I owe nothing contractually (as it says £0.00) it cant affect credit rating ?

ANy advice would be great - I dont want to pay anything at all and hope they'll disappear though Im sure they wont

[Duffyscouse]

Their final offer is attached - thoughts please ?

Dear dafsasdfsdaasd


Thank you for your email.

As a gesture of goodwill, I can waive 2 of the alloy wheel charges which totals to £120.00.

Following this reduction, the revised amount outstanding is now £790.12, I have attached our bank details to this email if you wish to make the payment via bank transfer, alternatively you can call us and make the payment over the phone. Please note this is our final offer, if you are not happy with this, then you can take up an official complaint with BVRLA.

All vehicles returned to FCA Automotive are inspected in line with the British Vehicle Renting and Leasing Association fair wear and tear guidelines. This ensures that all customers are treated fairly with regard to any potential charges upon the vehicle return. Unresolved complaints may be referred to them by visiting their website https://www.bvrla.co.uk/consumer-adv...laint-adr.html.


If you have any further queries, please do not hesitate to contact us.

Kind Regards,

zxcccc\zc\

End of Contracts Specialist

• I have drafted a reply suggesting they apply CAP inspection rules and that the car is in Good to VERY Good condition when returned and that BVLRA appeal is pointless as they are back their own standards obviously - I would be open to negotiation and would be happy to pay under £450 - any thoughts ? I haven't sent it yet
  
  thanks in anticipation
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  DUFFYSCOUSE
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  #11
  2nd September 2019, 15:40:PM
  Nothing received after I sent my email - though they acknowledged receipt - though I did receive a text from FCA asking me to call them urgently, I haven't responded - I don't want to start them off and leave voicemail trails etc. and get their document and legal beast whirring !
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  DUFFYSCOUSE
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  #12
  Yesterday, 15:52:PM
  Hi - anyone still looking in ?
  
  Today I received a letter from FCA dated 12/9/19
  
  It states I need to pay £xxx by 19/9/19
  
  But doesn't offer any consequences I can see - It says they wrote to me recently - most of correspondance has been via e-mail sying they want me to clear the outstanding balance on my agreement, and that they cannot complete the Voluntary Termination until I pay it.
  
  
  It says I need to pay this --
  
  
  Contractual Amounts Due - £0.00
  Damage Recharges/Excess Mileage - £7&$.%$ (Over £700)
  Total you need to pay - same figure as the one above (over £700)
  
  How To Pay
  
  Please pay by debit card calling 0844 xxxxxxxx. If you're having trouble paying, let us know so we can discuss options. We have attached an income/expenditure form for you to complete and return in order to support any payment plan. If one is required (to be fair it would be if they want the money requested as I am clean out after forking out for University fees?)
  
  If we dont hear from you, any contractual amounts due may affect your credit rating and make it hard for you to get credit in the future.
  
  
  We look forward to hearing from you
  
  The Collections Manager
  
  FCA Automotive Services
  
  
  I assume that As I owe nothing contractually (as it says £0.00) it cant affect credit rating ?
  
  ANy advice would be great - I dont want to pay anything at all and hope they'll disappear though Im sure they wont

[R0b]

Nothing more I can say other than to continue to challenge the charges or pay up.

If they affect your credit rating, you could have reason to make a claim for breach of the data protection act for not ensuring that the data on the credit file is accurately recorded, but that depends on how they've categorised the alleged debt on your file - if it is marked as a late payment, that would be inaccurate since the charges are for breach of contract, not a late credit repayment which is what that marker would be used for.

[Duffyscouse]

I have had 2 letters from DVLA regarding tax and insurance and despite delivering to Mannheim Rothwell on 25/6/19 and them taking logbook etc the DVLA records shoe me as the keeper ? Obvs I don’t have V5C but they are happy if I wrote to them and declare etc

FCA text me but I won’t reply