VWFS Audi VT Next Steps?

[rich0110]

Hi all,

I know this topic has been discussed countless times, but I thought I would share my experience and possibly ask for some advice! Situation below:

- Audi A6 Avant 2016, 4yr PCP @ 12,000 miles per year
- VT'd with 23,000 excess miles pro-rata after 39 months
- Audi sent bill for circa £500 repair plus circa £1600 excess miles

Firstly, I want to thank the regular posters here for the advice on arguments on both the damage and excess mileage. I used the 'standard' basic VT template sent to the correct address and didn't sign anything as per guidelines. Audi standard response blah blah blah- money still due etc. I then used the response templates again stating my rights as posted on here (see attached 'End of contract invoice response').*This prompted another letter from Audi completely ignoring my letter and requesting payment. They also agreed to waive some of the damage and came up with a figure of around £1800 for the lot.

I then sent the attached 'Audi complaint Response'*setting out a number of point including the face they failed to acknowledge the actual VT clause.

Yesterday I received another letter from Audi Finance again requesting the money but again not acknowledging my letters- which is frustrating. They have given me the standard 'you need to respond within 7 days' thing.

What are peoples experiences with this? Through reading many threads on this site, I hopefully have drafted the letters correctly, however, its frustrating when Audi refuse to acknowledge these and constantly bully people into the money. Any advice on what to do next?!

Thanks in advance!

[RedJohn2020]

You are a few weeks ahead of me Rich, so I am following with interest!*

[rich0110]

Hi all,

Quick update- Had another letter from 'Themis Recoveries' today requesting payment for the full amount, and I have yet to have a single response from VWFS following my letter as posted on here above. I assume they just wont reply and will keep sending me these threatening letters?

Has anyone else had this and what should I do now? Thanks to you all for helping to this point through the various posts, but it seems they are trying the scare mongering tactics now....

R0b-*Any help would be hugely appreciated!

Rich0110

[R0b]

For evidential reasons, it might be sensible to respond to Themis Recoveries. The letter doesn't need to be unnecessarily long but should cover the salient points below or at least most of them, depending on how aggressive you want to be.

1. Acknowledge receipt of their letter concerning the amount relating to excess mileage charges.

2. Explain that the charges are in dispute and have been since X time when you sent your first letter to VWFS disputing the charges.

3. Inform Themis that a formal complaint was sent to VWFS on X date but no response has been received. Note, if the letter was signed for then reference the tracking number too.

4. Point out that VWFS is regulated by the FCA and as part of its consumer credit permissions, it must comply with the rules set out in the Consumer Credit Sourcebook (CONC). In particular, Rule 7.14.1 of CONC says that:

Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner.

Rule 7.5.4 of CONC also says that:

A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid.

5.By ignoring your complaint and continuing to demand payment via Themis, you believe VWFS are in breach of their obligations and you are minded to report to them to the FCA's enforcement team for investigation.

6. In the meantime you suggest to Themis that they refrain from sending you further demands for payment and pass the matter back to their client. If they continue to pursue you then you consider that to be an act of harassment and you reserve the right to take legal action against both VWFS and Themis.

7. Mention a copy of the letter is also being sent to VWFS.

[rich0110]

Good morning all,*

R0b*- Thank you very much for your reply, this seems to have calmed the situation.

I received another letter from Audi this morning reitterating that this was their 'final response' and i would have to take this up with the Financial Ombudsman Service. In response to my letters previously posted on here they stated that:

"I refer to section 100 (4) of the consumer credit act with states the following:* "If the debtor has contravened an obligation to take reasonable care of the goods or land, the amount arrived at under subsection (1) shall be increased by the sum required to re compensate*the creditor for that contravention, and subsection (2) shall have effect accordingly".*As per the terms and conditions of your agreement you have contravened an obligation to take reasonable care of the goods by agreeing to an annual mileage limit and to take reasonable care of the goods subject to 'fair wear and tear'. VWFS (UK) Ltd uses the British Vehicle Rental and Leasing Association Fair Wear and Tear Standard as the guidance for vehicle return standards."

This confuses me somewhat- as it seems they are basically saying that the excess mileage is now classed as unfair wear and tear? Is this the route they normally go down? How can they say this is their final response and completely wipe their hands of this?*

Should I raise this with the Financial Ombudsman or write them a reply?*

Rich0110

[R0b]

Pretty standard response and yes they can say it is their final response. You have the right to take your complaint further to the FOS, but whether you do is your choice. Alternatively you can wait it out and see what they do about the dispute, they will either issue a claim, report a default or late payment on your credit file or do nothing.