BMW excess mileage

[Rhoddersdavies]

I have been a customer of BMW PCP for ten years. I have always purchased a new car every 3 years part exchanging my existing one.
In December both my father and I visited BMW in Cardiff as we had both paid 50% of our existing cars.
We were told by the salesman that we would both have better deals if we Voluntarily Terminated our existing cars as they were well cared for.
We both decided to order new and purchased in excess of 70k for 2 cars that day as a straight deal.
My dad VT'd his and I did mine.
I paid 2.5k deposit for my new one and my monthly payment is a little over £500 PCM.
My other vehicle went back after me spending over £1500 on a major service and 4 new run flats.
The car was in pristine condition.
I now have Bmw chasing me for £1500 for excess mileage even though I bought a brand new car with them, have been a customer for ten years and have never missed a payment.
Furthermore I was advised by the dealer to VT it as I would have a better deal on the new one. There was no mention of excess mileage charges. I have never had this in all the years I have dealt with bmw as I previously part exchanged all my other cars.
As I VT'd this they want the mileage charge.
I have written to them explaining this and as a loyal customer why have I got to pay as I've bought a brand new one worth nearly 47k.
They are not having it and say I owe them the money.
I truly believe I have been mis-sold the new car as I would have part exchanged it rather than VT'd it to avoid this mileage charge.
This isn't about money but principle.
Any help, advice be greatly appreciated?

Regards

Rhodri

[Kati]

Re: BMW excess mileage

tagging [MENTION=71570]R0b[/MENTION] ... I'm sure he'll be able to help xx

[Rhoddersdavies]

Re: BMW excess mileage

Thanks

[R0b]

Re: BMW excess mileage

You could have an argument about misrepresentation if you were persuaded to VT and take out a new car on the basis that excess mileage wouldn't be charged. If your father was there at the time who can testify to this then that could make your argument stronger.

If a claim was brought, you could bring a counterclaim on that basis and since the alleged excess mileage is £1,500 there may be a chance that BMW could issue court proceedings. In terms of the car's condition, did you take any photos of it before you handed it back? Was it regularly serviced on time and all repairs as necessary?

From a legal perspective, excess mileage is not recoverable as it is a breach of contract and your liability for any contractual damages is limited to 50% of the total price payable. It would be up to BMW to show that the car was in an unreasonable condition as a result of the excess mileage.

I am also assuming the charges have been calculated on the pence per mile charge under the agreement?

[Rhoddersdavies]

Re: BMW excess mileage

When I took out the car, I was asked to see how much I owed, I phoned BMW finance from the dealership who said the car could be returned as 50% had been paid.
As a result I bought the new car.
The car I VT'd was pristine and had 4 new tyres and had just had a major service. It was 3 years old and had done 39002 miles

[Rhoddersdavies]

Re: BMW excess mileage

I also have numerous photos to show the vehicle in pristine condition. My vehicle was also VT'd at the main dealer so I never signed anything

[Rhoddersdavies]

Re: BMW excess mileage

I've just had a phone call from BMW financial services about the £1500 excess mileage.
They didn't care the fact that I had been misadvised when I bought the new car. They said that is a matter between me and the main dealer.
I explained I was told by the salesman I would have a better deal if I bought the new car straight with no part ex.
They didn't care even though I VT'd my old car and bought 2 brand new BMW's.
They said that they will put a mark on my credit file.
I thought excess mileage was non enforceable and if they put a mark on my file I can sue for breach of data protection.
Any assistance would be greatly appreciated as I feel let down having bought 2 new BMWs in March totalling 80k. Thanks

[Clifford88]

Re: BMW excess mileage

I've just had a phone call from BMW financial services about the £1500 excess mileage.
They didn't care the fact that I had been misadvised when I bought the new car. They said that is a matter between me and the main dealer.
I explained I was told by the salesman I would have a better deal if I bought the new car straight with no part ex.
They didn't care even though I VT'd my old car and bought 2 brand new BMW's.
They said that they will put a mark on my credit file.
I thought excess mileage was non enforceable and if they put a mark on my file I can sue for breach of data protection.
Any assistance would be greatly appreciated as I feel let down having bought 2 new BMWs in March totalling 80k. Thanks

Hi - i know this was a while back but did you get anywhere or did you have to pay the £1500 excess mile charge?