VT - Motor Depot PCP - FCA

[Duffyscouse]

Hi team - no drastic change - I have a new letter from FCA Automotive services

Saying in large red letters - WE MAY TAKE LEGAL ACTION AGAINST YOU

Despite recent reminders the outstanding liability of £xxx is still due on this agreement. You may contact us within seven days, otherwise we will enforce our rights under the agreement.

WHAT WE MAY DO

We may pass your agreement to our solicitors and ask them to start legal proceedings against you, or we may pass your agreement to a debt recovery agency.

Then says to stop this happening please call us to pay or discuss a suitable repayment plan. We have attached an Income and Expenditure form for you to complete and return in order to support any payment plan if one is required etc etc#

If we dont hear from you any contractual amounts may affect your credit rating etc,



I did sign an agreement inc excess mileage penalties - is this legally binding on a VT ?? - I cannot afford to pay but I have no intention of filling in income and expenditure forms - that's my business

Could they seize property to the value via debt recovery? - the Common law of misrepresentation in the case of exceeded use of vehicle (basically my job changed so when I signed it I had no idea I would be moving to a job 35 miles away - so how could I agree without knowledge)
is a long winded bit of detail that I dont fully understand - just wondered how this stands up in court - Are my chances of winning decent?

[R0b]

Well if you signed paperwork agreeing to pay excess mileage charges then it doesnt help your case but it's not fatal. The VT guide I linked to clearly says that you should avoid signing paperwork so if you do end up having to pay, then it's only yourself to blame.

That said, s.172 of the CCA says that any term which is inconsistent with the protection for debtors is void. So you should be able to rely on that provision as a get out but it certainly makes your case a lot harder.

Debt collectors have no powers. The amount is unproven and they need to go to court before they have a legal right to enforce the alleged debt.

It's now up to you as to what you want to do. In my view FCA dont have a leg to stand on but that all depends on how far you wish to take it.

[Duffyscouse]

Hi - just to clarify - When I said I signed excess mileage paperwork - What I meant was when I purchased the PCP plan originally almost 4 years ago - I signed the original agreement, length of term, service and mot plan, bodywork protection, scotch guard etc.
I was also told by the garage that 2two or three yers down the line you can just come in and swap cars/plans etc. and take another deal" - I tried this and was told the car was a deisel and so had depreciated too much and the negative equity meant I had nothing to offer and would have to pay the gap difference in another agreement etc.

This is why I decided to keep the car - I VT'd two/three months early as I wanted to walk way - having paid well over 1/2 of the original value. I am more than happy to take the case to the courts and argue legal terms that appear to be on my side as a consumer (debtor).

Should I completely ignore their letters - I have had email correspondance in the past whee I invited them to initiate legal proceedings - should I call them or write a response to their letters.

I have paid well over the odds and plenty of interest - they have waived what they originally called damage above wear and tear (can they reverse this and add it on later?) but are adamant I owe then over £700 for miles over the "agreed "8000 per annum

Thanks again for your time

[R0b]

You need to be clearer in what you are saying, telling us that you signed excess mileage paperwork is nowhere near the same as saying you signed the PCP agreement.

How much over the 50% have you paid? Does it exceed the damage and excess mileage charges together?

[Duffyscouse]

I have paid about £8k - the car was £8200 on the forecourt originally - original excess mileage and damage quoted was £980 - reduced to mileage only £785 now - which I still feel is extortionate - I did tell them that I would be prepared to pay something considerably less than £400 in an email but they have never ever responded to that since originally ONLY wanting to communicate via this medium - they have just resorted to letters with thinly veiled threats

[R0b]

Sorry, that doesnt really answer my question.

What was the total price including interest, charges etc. Os that £8,200 or is that just the price of the car?

[R0b]

When I say total price I mean total price payable under the agreement

[Duffyscouse]

Will look to be certain - Off hand 12k or 14k - I think the former though

[sam92]

Hi team - no drastic change - I have a new letter from FCA Automotive services

Saying in large red letters - WE MAY TAKE LEGAL ACTION AGAINST YOU

Despite recent reminders the outstanding liability of £xxx is still due on this agreement. You may contact us within seven days, otherwise we will enforce our rights under the agreement.

WHAT WE MAY DO

We may pass your agreement to our solicitors and ask them to start legal proceedings against you, or we may pass your agreement to a debt recovery agency.

Then says to stop this happening please call us to pay or discuss a suitable repayment plan. We have attached an Income and Expenditure form for you to complete and return in order to support any payment plan if one is required etc etc#

If we dont hear from you any contractual amounts may affect your credit rating etc,



I did sign an agreement inc excess mileage penalties - is this legally binding on a VT ?? - I cannot afford to pay but I have no intention of filling in income and expenditure forms - that's my business

Could they seize property to the value via debt recovery? - the Common law of misrepresentation in the case of exceeded use of vehicle (basically my job changed so when I signed it I had no idea I would be moving to a job 35 miles away - so how could I agree without knowledge)
is a long winded bit of detail that I dont fully understand - just wondered how this stands up in court - Are my chances of winning decent?

I am also in dispute with FCA regarding excess mileage.I have received this letter multiple times. I have raised a complaint with the FOS & have made FCA aware this is an on-going case & will need to be put on hold. FCA are fairly blunt & unhelpful with there email replies, that's if they even do reply, hopefully both cases get sorted soon.

[Duffyscouse]

Sorry, that doesnt really answer my question.

What was the total price including interest, charges etc. Os that £8,200 or is that just the price of the car?

I am still delving around for paperwork - so I'll get the detail over next day or so - pretty sure it was around 12k - and a gfv of 4k for the car after I had paid the 48 payments

I have found a letter (that I recall disputing) which is NOT dated but refers to GDPR updates that come into effect on 25th May 2018 (So I guess that dates it around then in 2018)

Also in that letter they also mention in the letter that they have updated my finance agreement - mentioning that charges when they collect the vehicle they will charge me £139 (it was originally £70) and that I have to take reasonable care of the vehicle and a description of what their interpretation of that is. They also refer to excess mileage charges (though don't explain the costs at all)

Of course that is NOT what was originally agreed - they have changed their terms 3 years into a 4 year agreement - and I have no say in the matter ! Surely that works in my favour legally too ?

They also say I owe £750 odd but the excess mileage only equates to just over £500 ????? baffled

Ill get those figures to you

Thanks

[R0b]

if you are struggling to find the paperwork, why don't you submit a CCA request under s77? It comes at a cost of £1 (do this in the form of a cheque if you can) and they have to supply you with the agreement and any revised terms and conditions within 12 working days.

As for the variation in terms, let's deal with that another time if and when it arises but the short answer is that it doesn't change the position because it's just a contractual term which would amount to damages/compensation which is excluded from the definition of 'total price'.

[Duffyscouse]

Great - I can do that - I assume I send this to FCA at their registered office ?
It does say that it is not likely to work if the debt is with the original creditor ?

I keep getting texts asking me to contact hem urgently quoting agreement number - Do I ignore this or flat out tell them intentions of not paying

[Duffyscouse]

Hi - just to clarify - When I said I signed excess mileage paperwork - What I meant was when I purchased the PCP plan originally almost 4 years ago - I signed the original agreement, length of term, service and mot plan, bodywork protection, scotch guard etc.
I was also told by the garage that 2two or three yers down the line you can just come in and swap cars/plans etc. and take another deal" - I tried this and was told the car was a deisel and so had depreciated too much and the negative equity meant I had nothing to offer and would have to pay the gap difference in another agreement etc.

This is why I decided to keep the car - I VT'd two/three months early as I wanted to walk way - having paid well over 1/2 of the original value. I am more than happy to take the case to the courts and argue legal terms that appear to be on my side as a consumer (debtor).

Should I completely ignore their letters - I have had email correspondance in the past whee I invited them to initiate legal proceedings - should I call them or write a response to their letters.

I have paid well over the odds and plenty of interest - they have waived what they originally called damage above wear and tear (can they reverse this and add it on later?) but are adamant I owe then over £700 for miles over the "agreed "8000 per annum

Thanks again for your time

Hi Rob

to clarify- the total amount payable was £11943.31

Charges inc mileage equate to £980 = £12923

I have paid £8000

so I have paid 60% of the total value

Hope that helps - thanks

Should I return their call or mail them back telling them I won't be paying any more tot hem ?

[Duffyscouse]

I sent letters disputing excess mileage and refurb costs - and they called me witheld number - I answered but was driving so the guy just said we'll send you a letter - They have sent one - the VERY SAME original one asking for me to pay £700 odd so they could process the VT (they had the car back in June and it has been sold at auction)

They ask me to call and pay or call to discuss - no timescale or threat this time - advice please - call or ignore - they are so infuriating - completely unsilling to acknowledge my template letters disputing refurb and mileage costs

[R0b]

If you have paid £8,000 then by my calculations that's around 67% of the total price whereas the 50% mark is just under £6,000.

So, you can try a different tactic here and wait to FCA telling them that you have calculated that as at today's date, you have paid X and is about 67% of the total price payable and yet your liability is capped at one half of the total price which is X.

Therefore you have overpaid by X and as a result you are seeking restitution of the overpaid sums. You could also say that the excess mileage of £900 should be offset against the overpayment and therefore they should send you a cheque for X amount payable to you.

Of course you deserve your position on any rights or remedies you have including legal action but you might want to say that you are prepared to settle this matter on the basis that neither party pursues any alleged sums owed and walk away.

See what they have to say to that.