BMW Financial Services - Voluntary Termination/Excess Mileage

[stuckcluckets]

The things is I have evidence as I always email everything and have BMWFS saying these are invoices, the thing is though what exactly can we do about it as they will clearly tell us we owe the money so what's the best possible step knowing our situation?

The only way forward, as far as I can see, is to call their bluff and take them to court, would you not agree?

It's now 10 months since I VT'd the car and I can't see how it's not going to continue until something is either paid towards the invoice or they are taken to court, if taking them to court what would the principle reason be, thats these invoices are disputed?

I've tried contacting the credit agency but they clearly do not care as I've had no response, maybe going to the papers is a way to have this stopped?

Dehaw, I have seen your posts. Apologies for not having come back to you, I haven't been very well at all of late. Probably not helped by the stress induced by these cloth eared idiots at BMW FS.

I agree with what you're saying but there is risk on both sides with the court route. I've been considering this option for quite some time as you well know, but I simply cannot afford to do this through a private solicitor, nor will anyone insure me for it, because of the aforementioned risk. I'm tempted still to explore the Small Claims Court route, but I'm unsure whether or not this would carry enough clout really.

As you quite rightly say, BMW FS will carry this on for us both, indefinitely. They won't take us to court, or at least I highly doubt that they will, because they are very aware of the risk in doing so on their side. They'll just keep abusing their powers to report data to Credit Reference Agencies, because they know it's harf for us to combat, and low risk for them. It's a slow burn, bullying tactic that they're hoping will pursuade us to cough up the undue sums.

Credit Reference Agencies won't help, I've already been down this route. They don't want to get involved in the whole sticky mess frankly.

Highly unlikely that you could take this further unless you bring someone else on board such as the media, or if everyone affected refers this to Elizabeth Denham. The only way I see it is to take court action, either BMW will defend it all the way to trial and in which case you have your day in court, otherwise they might try to settle at some point - their starting point will be to defend it. Otherwise I don't think you are going to go anywhere.

I've started drafting an example letter before action which is loosely based on something I had written to Santander about in relation to collection fees (see attached below). It's not yet complete and needs a little tidying up, but the majority of it is there so you can get a feel of the reasons you would be claiming.

I've been thinking about bringing the media on board for a while now, so I might investigate routes to do so. The problem for me is finding the time to write some enormous detailed report about the situation. The amount of my time that's already been wasted on this utterly ridiculous situation thanks to BMW FS' incompetence is laughable, so I'd rather not waste more time unncessarily, and I fear the media wouldn't even bother to respond if I contacted them.

Rob - thanks for sending this template through. I will have a read through this later. Is this designed for use in a Small Claims Court type scenario, or via a privately instructed solicitor?

What are your thoughts on the Small Claims route R0b? Frankly, if you think this would hold enough weight then I'm willing and ready to push the button on this. I'm sick to death of BMW FS - what they are doing is illegal, and so damaging to my perceived credit worthiness. As you know, I've tried a few different methods again of late, including investigating a new vehicle with BMW - my hope was that BMW FS would wise up and get things sorted with the prospect of a new sale in the mix, but unsurprisingly, they weren't interested. They still wouldn't budge an inch.

If the Small Claims Route isn't viable, then I will have no choice at this point but to make BMW FS a without prejudice offer. I am so utterly loathed to do so, but I'm a young man who needs to extend his mortgage soon. I won't be able to do that whilst all this is rumbling on, so I might have to just try and see it as myself "being the bigger man".

[R0b]

KurtCrisco are you any further forward?

It seems we are both pretty much in the same boat and although I now live in Australia I do have properties in the UK so makes sense to try and resolve this.

Have you spoken with any solicitors about the best way forward?

Can we challenge the credit agencies for allowing BMW to do what they are doing without taking this to court?

Would it be easier to take BMW to court and call their bluff?

R0b what are your thoughts based on where we are at?

Thanks, I truly appreciate any help.

Highly unlikely that you could take this further unless you bring someone else on board such as the media, or if everyone affected refers this to Elizabeth Denham. The only way I see it is to take court action, either BMW will defend it all the way to trial and in which case you have your day in court, otherwise they might try to settle at some point - their starting point will be to defend it. Otherwise I don't think you are going to go anywhere.

I've started drafting an example letter before action which is loosely based on something I had written to Santander about in relation to collection fees (see attached below). It's not yet complete and needs a little tidying up, but the majority of it is there so you can get a feel of the reasons you would be claiming.

[Dehaw]

Email conversations should be sufficient. Would you be happy to potentially share these? Redacting your personal information before doing so of course?

I'm happy to guide you through the process of converting these to .PDFs etc. - this is absolutely vital evidence in our fights as it is evidence of BMW FS admitting liability!

The things is I have evidence as I always email everything and have BMWFS saying these are invoices, the thing is though what exactly can we do about it as they will clearly tell us we owe the money so what's the best possible step knowing our situation?

The only way forward, as far as I can see, is to call their bluff and take them to court, would you not agree?

It's now 10 months since I VT'd the car and I can't see how it's not going to continue until something is either paid towards the invoice or they are taken to court, if taking them to court what would the principle reason be, thats these invoices are disputed?

I've tried contacting the credit agency but they clearly do not care as I've had no response, maybe going to the papers is a way to have this stopped?

[stuckcluckets]

Receipts!!!! I’m not sure I follow, I have email conversations , sent and received with BMWFS.

Email conversations should be sufficient. Would you be happy to potentially share these? Redacting your personal information before doing so of course?

I'm happy to guide you through the process of converting these to .PDFs etc. - this is absolutely vital evidence in our fights as it is evidence of BMW FS admitting liability!

[Cmilligan]

Receipts!!!! I’m not sure I follow, I have email conversations , sent and received with BMWFS.

[Dehaw]

KurtCrisco are you any further forward?

It seems we are both pretty much in the same boat and although I now live in Australia I do have properties in the UK so makes sense to try and resolve this.

Have you spoken with any solicitors about the best way forward?

Can we challenge the credit agencies for allowing BMW to do what they are doing without taking this to court?

Would it be easier to take BMW to court and call their bluff?

R0b what are your thoughts based on where we are at?

Thanks, I truly appreciate any help.

[MIKE770]

E-Mail ? Oh! dear any receipts?

[Cmilligan]

Hi

Yes I did receive paperwork at the time however I was guided by other forums not to sign anything and do it all via email.

[stuckcluckets]

Hi

they claimed I owed £821, I argued on the phone with various people one of whom offered 30% reduction then passed to a supervisor who offered the 40%. Interestingly one of the call takers made mention of me signing forms acknowledging the excess mileage charge, however I explained I signed no forms and done everything via email, he then told me I didn’t matter if I signed the forms or not!! It was my intention to fight this all the way but the credit file has taken its toll.

This is VERY interesting. Do you have anything whatsoever in writing from BMW FS? They're behaviour here is an admission of liability, and as such, we can all use this as ammunition in our fights.

[Cmilligan]

Hi

they claimed I owed £821, I argued on the phone with various people one of whom offered 30% reduction then passed to a supervisor who offered the 40%. Interestingly one of the call takers made mention of me signing forms acknowledging the excess mileage charge, however I explained I signed no forms and done everything via email, he then told me I didn’t matter if I signed the forms or not!! It was my intention to fight this all the way but the credit file has taken its toll.

[Dehaw]

Hi

thanks for the replies, I have a update as of this morning. I received a letter from BMWF saying I have a outstanding balance (less the 40% I had already paid) after numerous phone calls they conceded this is a mistake and the account is now settled. The reason ,

was given a 40% discount was that it was offered to me if I settled their and then over the phone, which I did. My credit file is still showing defaults etc however they assured me this would be rectified and I would be informed when it has been done. I will wait and see!!!

Hi Cmilligan,

So this 40% discount was offered over the phone and I can only assume you were questioning it at the time of calling? Can I ask what the value was that they claimed you were due?

Glad you're on the road to recovery, your credit file is normally updated monthly so keep an eye on it.

Thanks

[Cmilligan]

Hi

thanks for the replies, I have a update as of this morning. I received a letter from BMWF saying I have a outstanding balance (less the 40% I had already paid) after numerous phone calls they conceded this is a mistake and the account is now settled. The reason i was given a 40% discount was that it was offered to me if I settled their and then over the phone, which I did. My credit file is still showing defaults etc however they assured me this would be rectified and I would be informed when it has been done. I will wait and see!!!

[Dehaw]

Hi all

I’m late to this party as I only found/ read it yesterday, unfortunately I’m in a similar position to you all. I VT my car last year and received a ‘invoice’ for excess mileage, the process then began of disputing etc thereafter my credit file being targeted. As a result I’ve tecently been refused a mortgage and my credit card limit reduced. My score is currently very poor on Experian. I’ve now paid the charge at a 40% reduction. They basically had me over a barrel and I gave into pressure from my wife to pay it!!

Hi Cmilligan,

How did you come to the agreement of the 40% reduction? To me, that proves that they know this is unenforceable and will accept whatever offer if provided.

Did they also agree to remove all monthly marks from your credit file?

I contacted Callcredit to ask why BMW is allowed to go over the 6 month marking system that they provide where they should be taking me to court but yet to receive an answer.

[vipvipvip]

Hi CMililligan, sorry to hear that. Did they clear your markers on payment?

[Cmilligan]

Hi all

I’m late to this party as I only found/ read it yesterday, unfortunately I’m in a similar position to you all. I VT my car last year and received a ‘invoice’ for excess mileage, the process then began of disputing etc thereafter my credit file being targeted. As a result I’ve tecently been refused a mortgage and my credit card limit reduced. My score is currently very poor on Experian. I’ve now paid the charge at a 40% reduction. They basically had me over a barrel and I gave into pressure from my wife to pay it!!