VT with RCI Finance - Nissan

[mackem79]

Yes, it's a case of that and keep it in writing, mention specifically if you feel you have to and that you won't discuss other than in writing to for transparency and evidence reasons.

If you think you've paid over the £600 then you might want to read the post I made today on another thread, link below.

https://legalbeagles.info/forums/for...-depot-pcp-fca

Helpful as always thanks, I've read that post and will build my figures into my response.

[mackem79]

Yes, it's a case of that and keep it in writing, mention specifically if you feel you have to and that you won't discuss other than in writing to for transparency and evidence reasons.

If you think you've paid over the £600 then you might want to read the post I made today on another thread, link below.

https://legalbeagles.info/forums/for...-depot-pcp-fca

Hi, me again.

I've calculated that we have paid 65% of the total amount of our car finance, this works out as £3,3183 over the 50% mark.

Can I realistically request this amount back from the finance company minus what they are claiming for excess mileage or will it more likely serve as a means to have them agree to cancel the deal and both sides walk away in effect?

Thanks again

R0b

[R0b]

That's up to you, I dont really have much more to add. If you want to know more, I suggest you do some research on unjust enrichment.

[mackem79]

Hi

I sent RCI the below;


I acknowledge receipt of your letter dated 5th November 2019 in which you request payment of £605.35 for what is described as 'excess mileage'.


Based on research and relevant case law, I do not believe I am obliged to pay this and therefore dispute your claim that I owe you this amount.


In any event, I have calculated however that I have paid 65% of the total finance, some £3,183 over the 50% required for Voluntary Termination.


Even with the (disputed) £605.35 taken into account, the difference remaining is £2,577.65.


Given the above calculations, I am potentially prepared to settle this matter on the basis that neither party pursues any alleged sums owed and walk away.




I request all future correspondence via email please.


Their reply is as follows;


Good Afternoon,

Thank you for your email.

I refer you to Section 99 Subsection 2 of the CCA act which states:

“(2)Termination of an agreement under subsection (1) does not affect any liability under the agreement which has accrued before the termination.”

This would include any excess mileage as this would have been accrued prior to termination.

It is not stated in any documentation that there would be any rebate in regards to the half liability. The half liability is paid through the vehicle’s monthly rentals. As you have had full use of the vehicle during this time you would not be liable for a rebate.

As always, I'd be grateful for any advice with regard to responding to RCI's email please, I've looked through the template letters and wonder if I just need to reply quoting the relevant caselaw?

Thanks

R0b

[R0b]

Up to you if you want to play ping pong correspondence.

You only need to realy worry if they have issued legal proceedings and if they are so confident that they are entitled to that amount, invite them to start legal proceedings.

P.s. I'm not going to respond everytime they reply to you. There is plenty of information on here and 99% of the time nothing ever happens other than the same old hollow threats.

I don't think you need anything further in terms of help unless you receive a claim form.

[mackem79]

Up to you if you want to play ping pong correspondence.

You only need to realy worry if they have issued legal proceedings and if they are so confident that they are entitled to that amount, invite them to start legal proceedings.

P.s. I'm not going to respond everytime they reply to you. There is plenty of information on here and 99% of the time nothing ever happens other than the same old hollow threats.

I don't think you need anything further in terms of help unless you receive a claim form.

Hi

Thanks for the quick reply, I understand your position.

Can I ask three things though please;

1 - How will I know legal proceedings have started?

2 - What is a claim form in this context?

3 - How will I know the process has ended, will RCI tell me they have given up effectively?

Thanks

[R0b]

You will receive a letter before action, presumably from solicitors instructed by RCI and you will have 30 days to respond.

The claim form is the form issued by the court

Its unlikely RCI will just tell you they're giving up, they have 6 years to make a claim from first demanded so after that point it will be time barred.

[mackem79]

You will receive a letter before action, presumably from solicitors instructed by RCI and you will have 30 days to respond.

The claim form is the form issued by the court

Its unlikely RCI will just tell you they're giving up, they have 6 years to make a claim from first demanded so after that point it will be time barred.

Thanks again, I appreciate your help.

[Bane]

Has anything happened since then?

thanks,

Bane

[mackem79]

Has anything happened since then?

thanks,

Bane

Evening Bane , sorry for delayed response but we have been away this weekend.

I replied simply to ask for the breakdown of their request for the payment as prior to then they had not set out the reasoning behind the request.

That was our last email, which we received a response to on Thursday of last week breaking down the costs, using the declared mileage at the point of purchase of the vehicle.

My intention is to now formulate a reply, building in information taken from the VT template letter helpfully found on this website.

I'm not convinced that they will accept this. If I hadn't paid £3k beyond the 50% mark I might have been inclined to pay the excess mile charge but I really think its unfair that they are effectively disregarding our payments beyond the 50% mark, not surprising however.

My main concerns at this stage are a negative reference on my wife's credit score (car in her name) and the small chance the company will begin court proceedings and whether or not, at that stage, it will be too late to pay them, we really haven't got the money or time to take a finance company on at court.

Decisions decisions!!!