MBFS Excess Mileage - Slightly Different Situation?

[Penguin1234]

Hi All

I know there’s a fair few threads on here around excess mileage charges, some specifically relating to MBFS but I haven’t seen anyone in a similar circumstance so thought I’d start a new thread.

I’m currently 32 months into a 48 month PCP with MBFS.

I’m contracted 10k miles a year and currently the car has 43000 on it so I’m massively over mileage already and that will continue to get worse the longer I keep the car.

I now want to VT my agreement (I’d have to pay £1400 to do this as of today to reach the 50% point) but I’ll also owe almost £2k in excess mileage which I just can’t afford.

I know there are lots of people who’ve argued this and won, but I thought (foolishly) they’d show mercy on me and let me pay my VT amount only and waive excess mileage charges - I did point out to them we’ve recently had a change of income due to COVID, but my partner and I are now back at work.

They won’t agree to this - they’ve offered me a 3 month payment holiday but ultimately, as I’ve told them, whilst I’m already over mileage already, this just puts me at further detriment by extending the agreement.

I wanted to do the right thing and try to come to some sort of an agreement with them but I’ve sent various emails over the last few months and have just received default responses (VT shortfall amount, payment holidays etc).

My view now is I just want to give the car back and fight them on the excess mileage charges.

My question is, have I now prejudiced myself by even bringing up the excess mileage in the first place? I told them how many miles I was over, what I anticipated I’d owe and proposed we come to a mutually beneficial arrangement (I.e. I don’t fall into arrears, they get some of their money back, I don’t fork out 3.5k to give back the stupid car)

Am I still able to VT the car and dispute the excess mileage charges having actively emailed them to try and reach a settlement agreement on this?

I know it was stupid but I genuinely thought by trying to reach an agreement with them, they would be fair.

Any advice greatly appreciated!

Thanks for reading if you’ve got this far

[R0b]

Your situation doesn't change the position like all of the other MBFS situations.

Either you pay up, or fight it and see what MBFS do but with that amount, I wouldn't be surprised if they take a punt at issuing legal proceedings.

[Penguin1234]

Thanks for your quick response Rob. Does that mean if it were to go as far as legal proceedings, the fact that I’ve tried to reach a settlement with them on the excess mileage in the past won’t count against me?

[R0b]

http://www.legislation.gov.uk/ukpga/1974/39/section/173

[Penguin1234]

Thank you.