S99 of the CCA and excess mileageCredit Act

[Coffeelover]

Hello, I’m new here. I’m looking for some advice regarding arguments for/against charging excess mileage under a PCP agreement. I’ve returned my car to Mini by voluntary termination. I’ve now received an invoice for excess mileage. I understand that there are arguments against paying this. However the letter from Mini says ‘Please note that the excess mileage is a pre-termination liability and is therefore payable under section 99(2) of the Consumer Credit Act which states that any pre-termination liability is not affected by termination under the voluntary termination provisions’.

Advice welcome.

Thanks!

[R0b]

Interpretation of Section 99(2) can be looked at two ways, but will only ever have one meaning.

Section 100(1) says that where you terminate under Section 99, your liability is capped at 50% of the total price of the agreement. Even if excess mileage were recoverable, any liabilities would be subject to the cap under section 100(1) which, according to the definition of 'total price' says compensation or damages for breach of the agreement are not recoverable. Therefore the only sums that are recoverable under 99(2) are the monthly instalments.

Have a read of the attached to get some idea of what you might say.