£362.03 Excess Mileage claim - VWFS VT (threat of further action from Blake Morgan)

[kenmclelland]

I VT'd my Audi back in November and got an excess mileage charge letter from VWFS for £362.03. I used your template to VT the vehicle quoted and person that did the assessment didn't mark the vehicle down for anything. I've since heard nothing apart from two letters from VWFS asking for the excess mileage. Since then I've had two more strongly worded letters from debt recovery firm Themis and yesterday a formal letter from Blake Morgan highlighting what possible action could be taken to recover the sum they claim is due if not settled within 14 days. I have not engaged or acknowledged any of the above correspondence. What is your advice here please? a) send Blake Morgan a copy template letter specific to excess mileage or b). Ignore? and that given the amount involved it's not worth their while chasing. Would be grateful for an opinion on best way to handle. Much appreciated Ken

[R0b]

What do you want to do, pay up or defend it?

[kenmclelland]

What do you want to do, pay up or defend it?

Hi Rob, defend it please

[kenmclelland]

Is this likely to go away or does it need a challenge and if so whats the best way to challenge it. Any help / thoughts much appreciated

[R0b]

I don't know, that all depends on whether VWFS want to pursue that amount and if they issue proceedings then you will need to defend or admit the claim and pay up.

Personally, I would simply write back to Blake Morgan and say that you have already explained your position to their client and will not be paying any excess mileage. Either they issue proceedings or stop harassing you and demanding money when they have already been told that you won't be paying.

If you call their bluff, you will find out fairly soon whether a claim is issued or not.

[kenmclelland]

I don't know, that all depends on whether VWFS want to pursue that amount and if they issue proceedings then you will need to defend or admit the claim and pay up.

Personally, I would simply write back to Blake Morgan and say that you have already explained your position to their client and will not be paying any excess mileage. Either they issue proceedings or stop harassing you and demanding money when they have already been told that you won't be paying.

If you call their bluff, you will find out fairly soon whether a claim is issued or not.

Thanks very much Rob - good advice. I'll do as you suggest and test whether they will issue formal proceedings. Much appreciated.

[kenmclelland]

Little update Rob. I did write back to Blake Morgan, This morning I has an e mail enclosing a copy of my signed Hire Purchase Agreement (was a PCP) in which they set out the Excess Mileage Charges as per their standard clause which I suspect is pretty standard.

They didn't address the point I'd made (e.g. "I will not be paying any excess mileage. My statutory right under section 99 of the Consumer Credit Act 1974 limits my liability to half of the total amount payable under the agreement but excludes any sum payable as a penalty, compensation or damages for a breach of the terms of the agreement. Such terms imposed are inconsistent with my rights under the Act and are therefore deemed void and unenforceable"). They simply said "We kindly request that payment in the sum of £362.03 is received within 7 days of the date of this email. Payments can be made by:" blah blah

Two questions if you have a moment please:

1. Does the standard Audi Finance document that I signed change my rights in your view?
2. Next action - to reply saying it doesn't change my stat rights as above etc?

I do appreciate your help

Best regards

Ken

[Alba32]

Hi,

I have a similar situation. I recently applied for a mortgage and it was declined due to BMW finance placing a marker on my wifes Experian file for non-payment of an excess mileage charge (£234) for an agreement in 2019. I had no idea that there was a charge as we have never been informed. When I spoke to a rep for this finance company they said that we were emailed about the excess charge in November 2019. We have not seen this email as if it was sent it's more than likely lost in the junk. This is the only means by which they have attempted to contact us, despite them having our phone numbers, and home address. No phone calls, messages, or letters.....just one email!

I have challenged about this as i have no issue paying the fee, however, their behaviour lodging this as anon payment of a loan is unfair and pretty savage.

This is the only blemish on our credit history, yet it now affects our mortgage. Im in complete disbelief that this has happened.

I await their response

JR

[kenmclelland]

Little update Rob. I did write back to Blake Morgan, This morning I has an e mail enclosing a copy of my signed Hire Purchase Agreement (was a PCP) in which they set out the Excess Mileage Charges as per their standard clause which I suspect is pretty standard.

They didn't address the point I'd made (e.g. "I will not be paying any excess mileage. My statutory right under section 99 of the Consumer Credit Act 1974 limits my liability to half of the total amount payable under the agreement but excludes any sum payable as a penalty, compensation or damages for a breach of the terms of the agreement. Such terms imposed are inconsistent with my rights under the Act and are therefore deemed void and unenforceable"). They simply said "We kindly request that payment in the sum of £362.03 is received within 7 days of the date of this email. Payments can be made by:" blah blah

Two questions if you have a moment please:

1. Does the standard Audi Finance document that I signed change my rights in your view?
2. Next action - to reply saying it doesn't change my stat rights as above etc?

I do appreciate your help

Best regards

Ken

Latest communication

"Thank you for your email below dated 15^th March 2021. Whilst we are unable to agree that you are not liable for the outstanding balance, our client can offer you a discount on the amount outstanding to avoid any further action. Our client has authorised us to allow you the opportunity to settle this account at £325.00 which is £37.03 less than the total amount you owe. You may only accept this offer by making payment of the sum of £325.00 referred to above by 4 pm on or before 31^st March 2021. If we do not hear from you within 7 days of the date of this email, we will seek our client's instructions on next steps which may include issuing court proceedings."

Still call their bluff? What think?

[R0b]

Not sure the right hand is talk to the left, they've given you until 31 March but expect you to respond by 30 March?!

Whether you call their bluff is a decision for you to make, I don't have anything else to add that hasn't already been said.

[kenmclelland]

Not sure the right hand is talk to the left, they've given you until 31 March but expect you to respond by 30 March?!

Whether you call their bluff is a decision for you to make, I don't have anything else to add that hasn't already been said.

Thank you. Yes good spot standard letter not edited correctly