BMW Financial Services - Voluntary Termination/Excess Mileage

[fatmcgav]

Ashfox thats almost a carbon copy of the response I've just received from the ombudsman...

Really frustrating!

[GreggM]

Same pish I just got, after over 2 years. Struggled to get a recent mortgage........a complete joke!

[Grahammcm1888]

I appreciate that this is a very old thread but I was hoping for some advice relating to BMW still placing late payment markers on my credit file despite their alleged debt being over 6 years old. I was under the impression that this was not allowed. I did contact trans-union for some help but they were as much use as a chocolate teapot . What BMW are doing is basically shunting the late payment markers to keep within the 6 year period (picture attached). Here is transunions reply from BMW

Hi Graham,

Thanks for your email.

We have contacted BMW Financial Services Ltd again and received the below response:

"review of agreement we are reporting correctly - the voluntary termination was an agreement between us and the customer to pay an amount to end the agreement early. The customer never paid this amount therefore we will report as late until the matter is settled. the customer agreed to this when they entered the agreement - it is stated within their contract that they singed to settle any balance that falls due regarding the agreement. This amount falls within that clause, as we have not terminated the agreement via default the late payments will report until settled"

If you want to discuss this further, please contact BMW Financial Services Ltd directly. If they make any changes, these will filter through to us when they send us their next monthly update.

If I can help with anything else, you can email us at ukconsumer@transunion.com or call on 0330 024 7574. We’re open Monday to Friday, 8am to 6pm.


I terminated the contract so not sure where I stand or what I can do next?

[Pezza54]

Not any easy question to answer
The FOS is likely to side with the lender, as they did in Ms A v BMW Financial Services, DRN-4069998 May/June 2023. They went more with the terms of the agreement than CCA 74

The court could go either way. CCA 74 s99(2) states termination of the agreement does not affect any liability under the agreement which has accrued before the termination.
There is an argument that the charge for excess mileage accrued before termination, as does damage/defects beyond fair wear and tear
Others will say that these charges only crystallize after termination

In a case reported on this forum by RACHRAD (10.8.2017) the OP successfully defended a claim where the lender argued that excess mileage fell under the consumer failing to take reasonable care of the goods (CCA 74 S100(4)). Unsurprisingly the judge decided that excess mileage had nothing to do with reasonable care

[Grahammcm1888]

Thanks for the reply. Everything aside , I didn’t think a lender could mark late payments after a period of six years irrespective of what termination of the VT meant.