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Hi All,
I voluntary terminated my agreement with Audi (VWFS) before the end of my contract using the template on this website. All was good, the car was collected and sent back etc.
Now VWFS have sent me the bill in the Wear and Tear and Mileage (which was expected)
The finance company phoned me and explained that i had to pay them the excess mileage and associated wear and tear charges which i disputed. They have now agreed to wave the wear and tear charges but are still pressing me for excess mileage.
My contracted term was 40,000 over 4 years. at the start of year 3 my mileage was sitting at 35,000 but a change in circumstances seen me travelling down south a few times a week for work and my mileage at the end of the term was 98,000 (way over my term) but this was unexpected and there was nothing I could do.
So i VT'd the car thinking that they were unable to charge me for the excess mileage. VWFS are saying that the excess mileage is still to be paid.
See below response:
Dear ........
Thank you for contacting VWFS on ........, I am sorry you have had cause to complain.
Your Complaint
My understanding of your complaint is as follows: You are unhappy having received an invoice for refurbishment and excess mileage charge son the return of the Audi TT.
My Investigation
Refurbishment fees form part of the terms and conditions you signed at the beginning of your agreement.
We understand during the life of an agreement, some damage may occur to the vehicle. British Car Auctions (BCA) and Manheim use the British Vehicle Rental and Leasing Association (BVRLA) fair wear and tear guide during their assessments which allow damage to the vehicle providing it is within the parameters stated in the guide.
I have reviewed the inspection report produced by BCA, please see enclosed for reference. I have assessed the damage using British Vehicle Rental & Leasing Association guidelines, the industry standard of fair wear and tear for drivers of leased and financed cars. To reference this guide please find attached a copy of the BVRLA fair wear and tear guidelines. https://issuu.com/bfwsn67/docs/fwt_v...091%2F12361092
Below is a list of the charges you were invoiced that were deemed by BCA to be outside of fair wear and tear:
Tyre left hand front - Gouge - Replace - £130.00
Wheel left hand front - Scuffed rim over 50mm - Refurb wheel - £36.00
Wheel left hand rear - Scuffed rim over 50mm - Refurb wheel - £36.00
Wheel right hand front - Scuffed rim over 50mm - Refurb wheel - £36.00
Total: £238.00
Below is the outcome of my investigation using the inspection report provided by BCA:
Tyre left hand front - Gouge - This damage is evident - £130.00
Wheel left hand front - Scuffed rim over 50mm - This damage is evident - £36.00
Wheel left hand rear - Scuffed rim over 50mm - This damage is evident - £36.00
Wheel right hand front - Scuffed rim over 50mm - This damage is evident - £36.00
Total: £238.00
Excess mileage forms part of the terms and conditions of the agreement you signed at the beginning of your agreement.
The breakdown of your charge is as follows:
Excess charge rate: 6p
Odometer reading: 98983
Pro-rata mileage: 44607.74
Total contracted mileage: 40833
Start mileage: 0
Excess mileage: £3,142.82 ex VAT
£ + VAT 20% = £3,771.38
I wish to refer you to clause 11.1 of your agreement:
11.1 If the Vehicle covers more than:
-the Maximum Annual Mileage in any succeeding period of 12 months starting from the making of this Agreement; and/or
-the Maximum Total Mileage; you will be liable to pay us the Excess Mileage Charge shown on page 1. That ability will accrue with each mile covered by the vehicle in excess of those Mileages. You must discharge that liability by paying us the charge on demand.
My Decision
In light of the above I have decided to not uphold your complaint. As a gesture of goodwill to resolve your complaint, I have waived the charge of £238.00 invoiced to you on this occasion. I have raised a credit note on your agreement to remove these charges.
You have the right to refer your complaint to the Financial Ombudsman Service, free of charge but you must do so within six months of the date of this email.
If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances.
The FOS Consumer leaflet is available online here or should you require a copy of the FOS Consumer leaflet, please let us know and this will be posted to you.
The Financial Ombudsman Service can be contacted at:
Financial Ombudsman Service
Exchange Tower
London
E14 9SR
Telephone: 0800 023 4 567
www.financial-ombudsman.org.uk
Thank you for contacting us and providing us with the opportunity to review your complaint.
Should I bite the bullet and pay the excess mileage? Or am I able to fight the case?
Any advice would be greatly appreciated
I voluntary terminated my agreement with Audi (VWFS) before the end of my contract using the template on this website. All was good, the car was collected and sent back etc.
Now VWFS have sent me the bill in the Wear and Tear and Mileage (which was expected)
The finance company phoned me and explained that i had to pay them the excess mileage and associated wear and tear charges which i disputed. They have now agreed to wave the wear and tear charges but are still pressing me for excess mileage.
My contracted term was 40,000 over 4 years. at the start of year 3 my mileage was sitting at 35,000 but a change in circumstances seen me travelling down south a few times a week for work and my mileage at the end of the term was 98,000 (way over my term) but this was unexpected and there was nothing I could do.
So i VT'd the car thinking that they were unable to charge me for the excess mileage. VWFS are saying that the excess mileage is still to be paid.
See below response:
Dear ........
Thank you for contacting VWFS on ........, I am sorry you have had cause to complain.
Your Complaint
My understanding of your complaint is as follows: You are unhappy having received an invoice for refurbishment and excess mileage charge son the return of the Audi TT.
My Investigation
Refurbishment fees form part of the terms and conditions you signed at the beginning of your agreement.
We understand during the life of an agreement, some damage may occur to the vehicle. British Car Auctions (BCA) and Manheim use the British Vehicle Rental and Leasing Association (BVRLA) fair wear and tear guide during their assessments which allow damage to the vehicle providing it is within the parameters stated in the guide.
I have reviewed the inspection report produced by BCA, please see enclosed for reference. I have assessed the damage using British Vehicle Rental & Leasing Association guidelines, the industry standard of fair wear and tear for drivers of leased and financed cars. To reference this guide please find attached a copy of the BVRLA fair wear and tear guidelines. https://issuu.com/bfwsn67/docs/fwt_v...091%2F12361092
Below is a list of the charges you were invoiced that were deemed by BCA to be outside of fair wear and tear:
Tyre left hand front - Gouge - Replace - £130.00
Wheel left hand front - Scuffed rim over 50mm - Refurb wheel - £36.00
Wheel left hand rear - Scuffed rim over 50mm - Refurb wheel - £36.00
Wheel right hand front - Scuffed rim over 50mm - Refurb wheel - £36.00
Total: £238.00
Below is the outcome of my investigation using the inspection report provided by BCA:
Tyre left hand front - Gouge - This damage is evident - £130.00
Wheel left hand front - Scuffed rim over 50mm - This damage is evident - £36.00
Wheel left hand rear - Scuffed rim over 50mm - This damage is evident - £36.00
Wheel right hand front - Scuffed rim over 50mm - This damage is evident - £36.00
Total: £238.00
Excess mileage forms part of the terms and conditions of the agreement you signed at the beginning of your agreement.
The breakdown of your charge is as follows:
Excess charge rate: 6p
Odometer reading: 98983
Pro-rata mileage: 44607.74
Total contracted mileage: 40833
Start mileage: 0
Excess mileage: £3,142.82 ex VAT
£ + VAT 20% = £3,771.38
I wish to refer you to clause 11.1 of your agreement:
11.1 If the Vehicle covers more than:
-the Maximum Annual Mileage in any succeeding period of 12 months starting from the making of this Agreement; and/or
-the Maximum Total Mileage; you will be liable to pay us the Excess Mileage Charge shown on page 1. That ability will accrue with each mile covered by the vehicle in excess of those Mileages. You must discharge that liability by paying us the charge on demand.
My Decision
In light of the above I have decided to not uphold your complaint. As a gesture of goodwill to resolve your complaint, I have waived the charge of £238.00 invoiced to you on this occasion. I have raised a credit note on your agreement to remove these charges.
You have the right to refer your complaint to the Financial Ombudsman Service, free of charge but you must do so within six months of the date of this email.
If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances.
The FOS Consumer leaflet is available online here or should you require a copy of the FOS Consumer leaflet, please let us know and this will be posted to you.
The Financial Ombudsman Service can be contacted at:
Financial Ombudsman Service
Exchange Tower
London
E14 9SR
Telephone: 0800 023 4 567
www.financial-ombudsman.org.uk
Thank you for contacting us and providing us with the opportunity to review your complaint.
Should I bite the bullet and pay the excess mileage? Or am I able to fight the case?
Any advice would be greatly appreciated
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