@R0b: Peugeot & RMS- Bill for Excess Mileage and Damages after hand back car on a VT

[Gazlee6]

@R0b,

Thanks for your early advice on returning my 107 on a VT, however now the car has gone I have had a letter from RMS asking me to pay for the excess mileage and work they have done to the car to repair damages (Please see attached).

I am seeking advice on a number of levels:-

1. I didn't sign the VT termination letter that bound me to pay the excess as per advice from this website
2. Up until this letter on my original contract and previous correspondence about the car the vehicle registration is different to the one I had and gave back.

In regards to some of the damage claims, chips from stones are hardly avoidable and £65 for a wax is outrageous. I would be happy to pay certain damage cost that I feel are justifiable but as for the mileage I still maintain the car was in good condition.

I do know that the car went to auction as the collection driver told me that and said I shouldn't hear from anyone once the car had gone.

Any advice would be great as I really don't want this to drag on and I have a wedding to pay for this summer

[Kati]

Re: @R0b: Peugeot & RMS- Bill for Excess Mileage and Damages after hand back car on a

:bump: for [MENTION=71570]R0b[/MENTION] xx

[R0b]

Re: @R0b: Peugeot & RMS- Bill for Excess Mileage and Damages after hand back car on a

thanks @Kati

Did you take a look at this link? ->http://www.legalbeagles.info/forums/...ry-Termination

Few points to note:

- S85E is a notice of default sums, the agreement is terminated under s.99 and so a default notice cannot apply. If they try to apply a default notice on your credit report, you can take them to court and claim for damages.

- S.100 of the Act specifies your limited liability to one half of the 'total price' of the agreement. The Act defines 'total price' as being "means the total sum payable by the debtor under a hire-purchase agreement or a conditional sale agreement, including any sum payable on the exercise of an option to purchase, but excluding any sum payable as a penalty or as compensation or damages for a breach of the agreement".

- Excess mileage cannot be claimed as a breach of contract and neither can damages unless it is beyond a reasonable condition. They can only be obtained by a court order only and they would have to go to some serious lengths to prove it.

- They have also referred to the vehicle being beyond the industry fair wear and tear, what industry are they talking about? I suspect they referring to the BVRLA guidelines which don't apply. The legislation says reasonable, not above any industry standard.

Did you take any photographs before the handover

take a look at the thread above and see the sample letters I have put in there and have a go at drafting something taking the above into account and I can take a look for you.

Edit: they said you received a default notice, did you receive that?

[Gazlee6]

Re: @R0b: Peugeot & RMS- Bill for Excess Mileage and Damages after hand back car on a

I didn't take photos and I knew i should have but i will have to find the condition report.

I will look at the link and draft a letter up. I also have no recollection of a default on a payment.

Thanks for the help, i will keep you updated :goodjob:

[DJ-1988]

Re: @R0b: Peugeot & RMS- Bill for Excess Mileage and Damages after hand back car on a

I didn't take photos and I knew i should have but i will have to find the condition report.

I will look at the link and draft a letter up. I also have no recollection of a default on a payment.

Thanks for the help, i will keep you updated :goodjob:

Gazlee, have a look at the thread I had here

http://www.legalbeagles.info/forums/...of-Car-Finance

More or less exactly the same as yours only mine was excess mileage only. @R0b kindly helped me out with majority of it.

Also, the 'default' payment they are trying to get you with is the mileage charge. They are basically trying to say it accrued whilst you were in the contract hence now due. Stick to your guns because it will be a long process. I VT'd my vehicle in August last year, and it still isn't resolved one way or the other (I won't pay it, and they won't drop it or take it to court).

[Gazlee6]

Re: @R0b: Peugeot & RMS- Bill for Excess Mileage and Damages after hand back car on a

Hi Guys,

I keep getting contacted by RMS Receivables about the excess mileage charge and I am sticking to my guns per last post in here a few months ago.

However I am looking for some advice around the validity of my contract as the correspondence with Peugeot and all of the agreements have the wrong Registration on it, is this enough to null and void the contract and more importantly can i seek to recuperate payments made?????

Any advice would be greatly appreciated

Gaz

[R0b]

Re: @R0b: Peugeot & RMS- Bill for Excess Mileage and Damages after hand back car on a

Hi Gaz,

In response to your question about the wrong registration, it is doubtful that you could recover your monies back. It appears a simple mistake which does not affect the essential terms of the contract other than its description. You could perhaps this could be argued as a mistake as to the identity of the car given the wrong registration details, which could potentially deem the contract void, although in reality, that would be a longshot I think.

Have RMS made a reduced offer or are they still sticking to the same amount originally claimed.

Have you also checked your credit file in case they have put a default on there for not paying?

[DJ-1988]

Re: @R0b: Peugeot & RMS- Bill for Excess Mileage and Damages after hand back car on a

Hi Guys,

I keep getting contacted by RMS Receivables about the excess mileage charge and I am sticking to my guns per last post in here a few months ago.

However I am looking for some advice around the validity of my contract as the correspondence with Peugeot and all of the agreements have the wrong Registration on it, is this enough to null and void the contract and more importantly can i seek to recuperate payments made?????

Any advice would be greatly appreciated

Gaz

Hi Gaz,

Glad you are sticking to your guns on this one.

I haven't heard anything for a good few months now, and they haven't put anything on my credit reports. Try Clearscore and Noddle to keep track of your credit ratings just incase they try anything though, because as Rob told me, it would be wrong for them to add anything to your credit rating as the agreement has been cancelled when you did the VT.