• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

VT - Excess Mileage charge

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • VT - Excess Mileage charge

    Hello,

    I am back & forth with the finance company regarding the charge for excess mileage. I VT the car after 3 years within a 4 year PCP contract. Please see below which is in my agreement.
    TERMINATION: YOUR RIGHTS
    “You have a right to end this agreement. To do so, you should write to the person you make your payments to. They will then be entitled to the return of the goods and to half the total amount payable under this agreement, that is £9,875.82. If you have already paid at least this amount plus any overdue instalments and have taken reasonable care of the goods, you will not have to pay anymore”.

    The finance company have now responded with:
    Thank you for your email.

    I appreciate the Agreement does have the statement you have quoted however the terms and conditions do confirm the excess mileage charge. I have attached the copy of Agreement and terms and conditions that confirm this so therefore this charge will still apply as its a legally binding contract.

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

    I have looked at the T&C's & this is what it states:
    Termination or Early Payment by You 11.1___You may terminate the HP agreement in the way set out in the notice headed “Termination: Your Rights”. If you do you must: (a)____return the Goods (together with all keys, master keys, V5 registration form, immobiliser and other codes relating to the Goods and anything else reasonably necessary to allow us to get full value for the Goods) to us or to such dealer, auction house or other person we reasonably specify, at your expense and on the date of termination or such other date we specify, unless you arrange with us for us to collect the Goods from you. If we arrange to collect the Goods from you, either because we have agreed with you to do so or because you failed to return the Goods to us, then you must pay us the reasonable costs and expenses we incur in doing this when we ask, at the rates charged to us by our suppliers. (b)____allow us to inspect the Goods to see if you have taken reasonable care of the Goods in accordance with the terms and conditions of the HP agreement; and (c)____pay to us the amount due, if any, calculated in accordance with the terms of the HP agreement, anything due under paragraph (a) above, any HP payments which were due to us at the date of termination which you have not paid, the costs of all repairs required to put the Goods into reasonable condition (including the cost of repairing or replacing all keys, master keys, immobiliser and other codes relating to the Goods and anything else reasonably necessary to allow us to get full value for the Goods) and any sums due to us for breach of the HP agreement by you before the date of termination. Those payments must be made to us when you return or when we collect the Goods or, if the amount of those payments is not known at that date, when we ask for them.

    Any help or clarification would be much appreciated.

    Thank you
    Tags: None

  • #2
    Can anyone possibly help?

    Thanks

    Comment


    • #3
      Hello,

      Not sure there's a question to this but I suggest you do a search of the forum, this question has been answered far too many times to give any detailed response.
      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
      - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
      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


      • #4
        Originally posted by R0b View Post
        Hello,

        Not sure there's a question to this but I suggest you do a search of the forum, this question has been answered far too many times to give any detailed response.
        HI Rob,

        Just following on from this. FCA have advised they will not be reducing or removing the charge for excess millage & the dispute is now closed. The collections department will still chase me for the payment. I can raise a complaint if i wish.

        Having a look at my credit report the balance is £0 & it states this was settled on 30/06/2019. Is there anyway this can be amended by them if i don't pay for the excess mileage?

        Not really sure where i can go with this, do i just wait for them to send more letters & carry on disputing them?

        Any help would be greatly appreciated.

        Comment


        • #5
          You can:

          1. Make a formal complaint to FCA or if you have already done that, complain to the Financial Ombudsman.

          2. Ignore their letters though I would open them before you throw them away in case they commence legal proceedings which you are unaware of.

          3. Write back to them with a firm response that you do not believe they are entitled to recover the sums alleged and if they honestly believe that they are entitled to that amount, invite them to commence legal proceedings. You could go on to state that you've set out your final position and therefore they should refrain from sending further demands of payment as you won't be paying it - continuous demands for payment after the date of the letter amounts to harassment and you can say you reserve the right to bring an action against them should they not stop.

          Yes they can change that anytime they like and if they do, then it's up to you to challenge it. Take a screenshot of the current situation so if they do change it then you've evidence of what was there initially.
          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
          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          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


          • #6
            Brilliant, thank you for your help. I have made a complaint to the FOS & will see what they say.

            I will also write back to them as you stated for point 3.

            I will update this post when i have any further info.

            Thank you, once again.

            Sam

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
            Working...
            X