VT on vehicle and excess mileage charge demand

[Melsonby]

Handed vehicle back to RCI in March after 40 months of a 42 month contract. In July they hit me with a demand for £3155 for excess mileage saying they had waived the £316 damage charges. After a number of letters they reduced amount to £2500 as an act of good will as I argued it could not be charged under the CCA (as per your pages). Also complained about a mis-selling when got the car on exchanging a previous vehicle as contract was changed from 36 month to 42 month without me being expicitly told---they challenged this saying I had signed the paperwork. Dealership told me on a couple of occassions including when getting original car not to worry about the 5000 miles in the contract as the car could be VT'd without any charges. They now say the £2500 is their final offer and I have 6 months to go to Financial Ombudsman.
Also complained to dealership---they have offered to pay £577.50 through some convoluted calculation as a final offer. This reduces total to £1922.50. They also say Final offer and go to Ombudsman if not happy.
Dealership (Vertu) have changed their sales practices and every case is now reviewed if mileage on contract is over 2000 miles different to what customer says.
I maintain mis-selling and incorrect advise and that no charge should be levied but having looked at recent Ombudsman findings they seem to be coming down on the side of the finance companies.

[Kati]

Re: VT on vehicle and excess mileage charge demand

[MENTION=71570]R0b[/MENTION] ??

[R0b]

Re: VT on vehicle and excess mileage charge demand

Not sure there is much more I can add really. You have been offered a reduced amount by a fair bit and it is up to you to decide whether you accept or refuse to pay that amount. The Ombudsman look at what is fair and reasonable and are not a court of law who scrutinises the legislation which is why they tend to stick with finance companies because it is in the contract.

You can go to the FOS or dispute it and take your chances in court defending it, if RCI pursue it. I am not aware that they have gone as far as issuing proceedings but it is a possibility and something you need to be aware of.

Edit.
I would also add that if you are going to allege mis-selling to the FOS then its unlikely you will get very far unless you have concrete evidence as the FOS will tend to say as there is no evidence it is difficult for them to make an informed decision - essentially a he said she said situation.