End of Contract Charges Excess Mileage Charges & Damage Outside 'Fair Wear & Tear'

[pshg1973]

Morning Rob

I am hoping for some further advise and guidance on a response to the attached documents, in relation to end of contract charges that BMW F.S are claiming for Excess Mileage charges and Damage to the vehicle that falls outside the BVRLA 'Fair Wear & Tear' guidance

I followed the VT process right to the close and my contract was officially terminated on 24th March 2020. With the Covid-19 pandemic situation, the vehicle was not inspected and collected until 4th May 2020, so I had incurred additional costs, keeping the vehicle insured. To this point I have refused BMW Financial Services claims, and have used the letter templates from the VT guidance provided, which were doctored to suit my situation.

I have attached the responses from BMW with regards to my letters and their most recent response, which now mentions BMW looking to potentially report this matter to the credit reference agencies, if the outstanding balance if not paid? Scanned Document.pdf

I have written to the Financial Ombudsman Service to raise a formal complaint, again using the letter template from the VT guidance.

I would be very grateful of any advice, guidance or subsequent letter template, I could send back to them outlining my stance on both matters

Thanks

PSHG

[R0b]

Unfortunately BMW are aggressive with this and use marking your credit report as a means of pressuring people into paying. I have nothing further to add that hasn't already been said in the VT Guide and the reality is that if you want to avoid any adverse marker, you would have to pay BMW. If they do mark your credit file, only way of resolving that is to issue legal proceedings for damages for breach of data protection and rectification of your credit file.

They should put a hold on things if a complaint has been raised to the FOS but that's not always the case. If you did go the legal route, expect BMW to put up a fight and out of everyone I've seen post on this forum that complains about BMW continuing to mark their file, nobody has actually taken any action.

If you can afford to pay a lawyer, maybe have a conversation with pt2537 he could give you his initial view of this and what costs might be.