Voluntary Terminated my agreement - excess mileage - Maintenance Plan

[LordVaderUK]

Hi everyone,
I have read many of the posts on this forum and have carried out a search, but couldn't find anyone with a similar issue to mine. Apologies if the answer is already out there (if so - feel free to redirect me!)

I have recently VT'd my Skoda having reached the 50% mark with about 6 months to go. I had a 10,000 per year mileage limit, which I had exceeded. Skoda have now written to me asking for £285 for excess miles.

I used one of the proforma letters from this site, rejecting their claim, quoting the relevant sections of the CCA, etc.

They have subsequently recontacted me saying that the mileage limit was on a separate fixed cost maintenance agreement, which is not regulated by the CCA, and therefore they are claiming under this, not the PCP.

My PCP quite clearly sets out the mileage, and interestingly, the charge for each excess mile. This is a lower charge than set out in the maintenance agreement, but they have used the lower charge when calculating the excess mileage fee.

My view, having read many of the threads on this and other forums, is that the excess mileage claim is part of the PCP agreement, and that they cannot try to use the fixed maintenance agreement to override this.

Am I right, or should I get my chequebook out...?!

[R0b]

Re: Voluntary Terminated my agreement - excess mileage - Maintenance Plan

Hello,

At first glance, I am inclined to agree with you in that the excess mileage is part of the PCP. Why? Simply because the car is hired out to you under the CCA and the excess mileage (although separate agreement) must refer to the PCP or the car specifically which is under the PCP agreement in order to be enforceable. Your liability under the PCP is 50% and excludes breaches of the agreement for compensation. Therefore, despite this Maintenance Agreement being separate, I would surmise that it is ancillary to the PCP which still forms a part of it and in turn falls within the CCA.

Would you perhaps be able to upload a copy of the PCP and Maintenance Agreement, personal info removed so I can have a proper look at the terms?

[LordVaderUK]

Re: Voluntary Terminated my agreement - excess mileage - Maintenance Plan

R0b, thank you for your very quick reply, and sincere apologies for the delay in mine. I have scanned in the various documents, because they're big I've shared them on my DropBox account for you to take a look - I'm most grateful.

https://www.dropbox.com/s/gekfp01ltm...nt%20.pdf?dl=0

[R0b]

Re: Voluntary Terminated my agreement - excess mileage - Maintenance Plan

Afternoon, I'll take a look at this for you later this evening

[LordVaderUK]

Re: Voluntary Terminated my agreement - excess mileage - Maintenance Plan

Afternoon, I'll take a look at this for you later this evening

Thank you - very grateful.

[R0b]

Re: Voluntary Terminated my agreement - excess mileage - Maintenance Plan

I've taken a look at the link you provided and there seems to be some pages missing perhaps, is this correct? I can only base my opinion on what you have provided.

In short, my view hasn't changed and just because there is a separate agreement for excess mileage, the fact is that it all forms part of the agreement under the CCA. The Maintenance Agreement can't operate on it's own without the application form that contains all the relevant information relating to the car. Also, if you look at the definition of "Agreement" at the top of the Maintenance Agreement it says that both the maintenance agreement and the application form constitutes the whole of the agreement. That is sufficient to say that regardless of the fact that the Maintenance Agreement appears to be separate, legally speaking, it is all one agreement.

So in my view any excess mileage cannot be claimed because your liability is limited to 50% and the agreement conflicts with that position, so is unenforceable.

[LordVaderUK]

Re: Voluntary Terminated my agreement - excess mileage - Maintenance Plan

Smashing, thanks R0b - I think the whole agreement is there, I have however cropped it to remove personal information?

Your reply confirms what I was hoping, and indeed what I've already told them. I've ignored their most recent letter, will wait for their next one before I respond as above.

[R0b]

Re: Voluntary Terminated my agreement - excess mileage - Maintenance Plan

If you also look at page 5 of the agreement, it mentions "Termination: Your Rights .. If you have paid this amount plus any overdue instalments and taken reasonable care of the goods then you will not have to pay anymore" which I think is crystal clear. Unless they are claiming the excess mileage has caused the car to be in an unreasonable condition for which they need proof of, you can also rely on that.