Taking BMW to court - Paid excess mileage after VT.

[R0b]

Re: Taking BMW to court - Paid excess mileage after VT.

Hi Rob,

Sorry for the delay! I have been dealing with a newborn, new job, and driving my car into a river! So this took a bit of a back-seat. However, I am now populating the information required, and will get this letter off to BMW FS asap!

I really appreciate this support, and hope to at the very least force them to justify why they are not following the VT rules. I will update once the letter is done, and sent off.

congrats on the newborn, not sure I can picture how you managed to drive your car into a river though

I've created a thread which compiles most of the VT problems into one list which might be worth a read -> http://www.legalbeagles.info/forums/...ry-Termination

Given that you have only got back to doing this I am assuming they haven't sent any further letters to you or taken you to court?

[Malt_Vinegar]

Re: Taking BMW to court - Paid excess mileage after VT.

congrats on the newborn, not sure I can picture how you managed to drive your car into a river though

I've created a thread which compiles most of the VT problems into one list which might be worth a read -> http://www.legalbeagles.info/forums/...ry-Termination

Given that you have only got back to doing this I am assuming they haven't sent any further letters to you or taken you to court?

Haha, thanks!

I got stuck in a ford (river crossing) when the water was a bit higher than normal. Luckily I was only in my old crappy car, and i managed to get it towed out, and drained of water

I will take a read, and no, they have ceased all communication after I paid the "demanded" amount.

[R0b]

Re: Taking BMW to court - Paid excess mileage after VT.

or some reason I was thinking you might have accidentally left the handbrake somewhere along a river

I'm just reading the template I made above, it could probably be re-worded better in some parts, but if you want to post up your letter before it is sent I can put my comments to it.

[ShaunT]

Re: Taking BMW to court - Paid excess mileage after VT.

Hey, please may I know an update for your situation from FGA? I am now in a similar situation. VT my agreement 6 months ago and today received a letter from them with charges totalling over £2k which I cannot afford. Most of it is from excess mileage but the rest is minor scruffs to alloys and small dent in door?

I am getting worried and stressed over which way to go now as the letter is out of the blue and struggling with debts as it is. Please help.

[Malt_Vinegar]

Re: Taking BMW to court - Paid excess mileage after VT.

Hey, please may I know an update for your situation from FGA? I am now in a similar situation. VT my agreement 6 months ago and today received a letter from them with charges totalling over £2k which I cannot afford. Most of it is from excess mileage but the rest is minor scruffs to alloys and small dent in door?

I am getting worried and stressed over which way to go now as the letter is out of the blue and struggling with debts as it is. Please help.

Got a response from BMW this morning (letter went last week, due to working out of the country for a bit) and they have Acknowledged my letter, and send me a standard complaints template.

Then stating that they will be in touch once "investigations are complete".

I will update in due course!

[Malt_Vinegar]

Re: Taking BMW to court - Paid excess mileage after VT.

Bmw have replied through their solicitors saying that there is no case to answer due to the CCA backing them up and any court case would result in me paying their full legal fees.
I had the letter read to me over the phone as I am working abroad.
I will post a scan of the letter if that's worthwhile when I am back in the country either later tonight or tomorrow.
They seem quite dismissive and also seem to be saying that as I had paid they can totally dismiss it regardless of any previous.

[R0b]

Re: Taking BMW to court - Paid excess mileage after VT.

Interesting, well I guess they will say that andas the claim is small claims their legal fees are limited to £100 and no more. Not entirely sure why they seem to think you will have to pay their fees in full - sounds a bit like scare tactics and is misleading.

You could argue that the payment was made under duress given that you were threatened with a mark against your credit file, which is enough to prove that you have a valid claim to seek recovery of the amount - and potentially an offence undr CPUT 2008 aggressive practices.

Do you have a court date on this yet or have you done a witness statement? Perhaps a strongly worded response to them might sway it in your favour or they may insist on defending the case, at which point that is up to you if you wish to continue, but if you do, then a skeleton argument setting out your points might well be worth it as they are more technical than the more straightforward claims.

[Malt_Vinegar]

Re: Taking BMW to court - Paid excess mileage after VT.

Interesting, well I guess they will say that andas the claim is small claims their legal fees are limited to £100 and no more. Not entirely sure why they seem to think you will have to pay their fees in full - sounds a bit like scare tactics and is misleading.

You could argue that the payment was made under duress given that you were threatened with a mark against your credit file, which is enough to prove that you have a valid claim to seek recovery of the amount - and potentially an offence undr CPUT 2008 aggressive practices.

Do you have a court date on this yet or have you done a witness statement? Perhaps a strongly worded response to them might sway it in your favour or they may insist on defending the case, at which point that is up to you if you wish to continue, but if you do, then a skeleton argument setting out your points might well be worth it as they are more technical than the more straightforward claims.

So, had a quick call with the legal firm, and they have said a few interesting things.

Firstly, CPUT is not relevant for BMW, they are not regulated by the OFT, as such CPUT has no power over BMW.
Secondly, as I have paid, I am not able claim as the matter is now closed.

They are re-sending the letter to my correct address, and want me to call back once I have this. They seem very dismissive, and basically said that me taking them to court would be foolish, as they would ask the court to re-evaluate their costs, and this would be more than £100. Therefore, because I am raising a needless action, and wasting everyone's time (I am paraphrasing this) i would be force to pay for all their costs.

[Amethyst]

Re: Taking BMW to court - Paid excess mileage after VT.

Well no one is regulated by the OFT as the OFT do not exist. Responsibilities changed to the FCA 1 April 2014.

CPUT would of course apply to BMW.

Was it actually a solicitors firm you spoke to or just a bloke calling himself the legal department?

[Amethyst]

Re: Taking BMW to court - Paid excess mileage after VT.

This BMW?
BMW Financial Services (GB) Limited, Summit ONE, Summit Avenue, Farnborough, Hampshire GU14 0FB.

FCA authorisation - 312578

[Malt_Vinegar]

Re: Taking BMW to court - Paid excess mileage after VT.

Duplicate!

[Amethyst]

Re: Taking BMW to court - Paid excess mileage after VT.

Twits.

What reason did they give for being immune to CPUT ?

[Malt_Vinegar]

Re: Taking BMW to court - Paid excess mileage after VT.

This BMW?
BMW Financial Services (GB) Limited, Summit ONE, Summit Avenue, Farnborough, Hampshire GU14 0FB.

FCA authorisation - 312578

Yup, them!

I guess they heard me mention OFT, and rather than say it was now FCA and correct me, just that they were not controlled by OFT and try to confuse/belittle me a bit more

[Amethyst]

Re: Taking BMW to court - Paid excess mileage after VT.

Secondly, as I have paid, I am not able claim as the matter is now closed.

also tosh.

[Amethyst]

Re: Taking BMW to court - Paid excess mileage after VT.

You need to post up a copy of your original contract , and those letters mentioned before - a photo is usually clear enough if you take it from directly above and it's in focus.