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Excess Mileage - Legal Action

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  • Excess Mileage - Legal Action

    Hey everyone,

    I have scoured this group but am a little lost and need guidance, ideally a template to threaten legal proceedings. I am fully prepared to proceed with it but I need to know how.

    In brief…..needed to VT BMW FS car due to affordability issues. My wife lost her mum unexpectedly and long story short basically had a breakdown and was unable to work. Our income dropped dramatically and the car had to go.

    I rang them to clarify exact costs involved so I could make an educated decision. I told them the current mileage. They told me the cost needles to terminate, which I borrowed from work to pay.

    The letters I received prior to collection were very wishy washy. Telling me how to calculate excess mileage if it’s due etc. I rang them twice to tell them the mileage and to ask if there are excess mileage charges due. Twice I was told no charges due.

    Car was collected in April, mileage recorded, job done. Or so I thought. At this point we also put our house on the market so we could downsize and try and fix the sticky situation we were in.

    A few weeks later I received an excess mileage invoice of £2350. I disputed it due to the calls I’d had. They basically ignored my calls and emails for two months before I finally received a deadlock letter. I hadn’t even had a complaint reference number in that time! They said they upheld part of the complaint due to their misinformation and offered £250, reducing the amount to £1150 - yes, they cannot do maths.

    I replied and said I would be going to the Ombudsman, which I did, this was in June. In July I received an email from the Ombudsman saying they are busy and haven’t looked at my complaint yet.

    Fast forward to last week, we had an offer on our house and found a house so contacted our broker to start the mortgage porting process. She came back to advise there were THREE missed payments on my credit file. How? What payments have I missed when the account shows as settled due to VT? What even is my monthly payment? If I settle the amount now, will the missed payments go away? I wouldn’t mind if there were actual missed payments I could not pay to make it look green again, but there’s not! So how on earth is this legal?

    I need them to remove these marks. What is the process? Small claims? What warning do I need to give them or can I just file?

    Please help!



    Tags: None

  • #2
    Also, do I need to wait for ombudsman to respond before I proceed with action? I’ve seen posts on here saying they’ve waited two years and I’m not prepared to do that.

    Comment


    • #3
      Hi
      I see you have asked Bummerbeamer what happened in the end to his dispute in 2020 regarding excess mileage. Hopefully Bb will reply.
      Court action will cost you more money and take longer than the FOS. Once your case is allocated to an investigator a decision should be reached quite quick - nothing like 2 years. There is no guarantee you will win your claim in court

      Comment

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