Legal action and last resorts with MINI/BMW FS!

[jonevns1990]

Hi all,

I’'ve been successful in clearing my negative credit rating and outstanding charges following a VT with BMW in the past. However, I am now trying to do the same with my girlfriends VT with MINI FS (BMW). This time around they are completely ignoring my letters and just coming back with generic templates, consistently ignoring my references to the CCA and ICO guidelines.

Where do you guys suggest I could go from here? They’re clearly not willing to listen to my valid points and I’m at a bit of a loss on how to get through to them. Would you recommend commencing court proceedings to gain their attention or an intention to prosecute letter?
Alternatively, how successful would you deem calling them up armed with statutory law (that I know the advisors sat at a desk typing out letters won't be able to respond to off the cuff) and suggesting a resolution such as clearing the negative credit markers in return for paying a certain amount/total amount. Ultimately we have been told we can't get a mortgage today due to the negative credit rating - so simply paying off the amount is out of the question.

Thank you all for your continued help.

[R0b]

There's plenty of information around BMW tactics on here and the reality is that you would probably have to take them to court. You could try the FOS but they are taking forever and a day, so expect to hang around for 2 years or so at least before you get any kind of decision.

If you want an informal chat and costs, recommend you speak to pt2537 who works in a law firm, I'm sure he's happy to discuss options with you. His details are in his signature.

Of course you can go it alone but this type of argument can be technical and complex so unless you are clued up and understand as well as putting in the legwork, you could end up losing.

[jonevns1990]

Thanks Rob, I'm going to make one last ditch attempt with a phone call to BMW today and see how far that takes me as clearly the letters and emails I send are just getting fobbed off.

I am more than prepared to take the legal route on this one, my stance on this has only been reconfirmed after reading Rach's court transcripts and noting that BMW's argument is exactly the same as Mercedes.

Ultimately it may come down to mediation and agreeing a result that suits both parties, which isn't really going to combat the bullish behaviour BMW insist on using time and time again, but getting a mortgage has become the priority.

[R0b]

All I can say is good luck, but I wouldn't hold out too much hope since you will only be dealing with low-level employees and they will have their orders. I'm pretty sure there was a thread floating around on the forum some years ago where someone threatened with a letter before claim (but didn't follow through) and BMW instructed external solicitors to respond.

Part of that response was trying to place reliance on the statement around reporting information to credit file, trying to justify the right to report excess mileage on that basis. I think that's a total load of tosh and very weak argument because credit reference agencies report information around an individual's credit history - excess mileage charges are not credit in any shape or form and in any event, any reporting needs to be accurate and up to date. Using late payment markers do not accurately describe the excess mileage and implies you have missed your credit repayments and/or the credit account remains active.

Anyhow, to give you a flavour I've attached a draft letter before action for negligence and breach of data protection based around these arguments. Note it is in draft format and I haven't looked at it for a couple of years so it probably needs updating in places, but the section around the legal framework gives you the background to support your arguments.

Like I said, PT should be able to give you some initial advice and then you can decide where to go from there.