Not paying excess mileage on a VT, When will it goto court?

[mally77]

Hi all,

I've carried out a voluntary termination.

I'm been chased by bmw to pay an amount under £500 for approx 6000 miles over the 3 years I had the vehicle.

I've spoken to them and told them I don't believe this is enforceable as I've cancelled the agreement as a VT and returned the goods.

Whats the process now though, I hoped it would be a court appearance but bmw are saying the following

- You may wish to put your case infront of the financial ombudsman
then If lost or not done
- BMW will issues 30 day notice
- BMW will then pass on the debt recovery
- BMW will pass onto debt collection agency.

Where does the court appearance appear? BMW weren't able to answer this and said it doesn't need to go to court.

[katorik]

Re: Not paying excess mileage on a VT, When will it goto court?

Good question and one I would like to know the answer. I have been through the process and spent over 12 months with the Ombudsman only for them to find what they view as a 50/50 compromise. I have refused this and now it just seems in limbo where FGA Capital send an arrears notice every couple of months but don't seem to be doing anything else. Meanwhile my credit rating has the mark but is also flagged that it is in dispute.

At what point will they issue a court claim or will they never do it and just leave it there hanging?

[Malt_Vinegar]

Re: Not paying excess mileage on a VT, When will it goto court?

Good question and one I would like to know the answer. I have been through the process and spent over 12 months with the Ombudsman only for them to find what they view as a 50/50 compromise. I have refused this and now it just seems in limbo where FGA Capital send an arrears notice every couple of months but don't seem to be doing anything else. Meanwhile my credit rating has the mark but is also flagged that it is in dispute.

At what point will they issue a court claim or will they never do it and just leave it there hanging?

I have paid mine under duress (£400), after finding out that my credit rating would be affected by not paying the final mileage "fee".

However, I am now working out how to use money claim to get the money back, and take them to court. As I understand it, BMW in my case, said that they would not take court action, but it would affect my credit-rating for quite some time. I will be looking for some credit later this year, so decided to take the hit, on the hope I will get it back later .

[R0b]

Re: Not paying excess mileage on a VT, When will it goto court?

It might be an uphill struggle but if you've paid t under duress you could have a claim. Bear in mind nothing has really gone to the courts on this or at least I'm aware of so it could be 50/50 chance here in whether the court allows you to claim that back although you could reclaim some of it. How long ago did you pay this and have you contacted BMW by sending them a letter before action?

[Malt_Vinegar]

Re: Not paying excess mileage on a VT, When will it goto court?

So as not to hi-jack this thread, i have started a new one here:

http://www.legalbeagles.info/forums/...leage-after-VT

I paid the amount last month, only after receiving a letter from a debt collection agency, after informing BMWFS the matter was in dispute. I have not yet sent them a letter, but want to check the process before I do, so as to not damage my changes