RCI Finance Nissan - excess mileage dispute

[Dawnclaire]

R0b

Hi, I have been through the voluntary termination route and my Nissan Juke has been collected and inspected. There was some minor scratches on the car and dents in the door arch reported by the collection agent (I had already got the Alloys redone and some dents repaired).

RCI have rung me today to talk about these issues as I disagreed with the report. I stated that the car was 3 years and 9 months old, so these are normal wear and tear. The lady on the phone agreed to take off 2 items, the dent in the drivers doorframe and the scratch on the fuel door, but not the others. I am not too bothered about this but wanted to check whether I should just pay the excess mileage charge they are going to hit me with?

My PCP agreement was for 7000 miles a year and on return my car had done 46604. My mileage cost is 8p a mile, so I'm expecting a bill of around £1700 plus the damages.
I was not fully informed of my mileage at the time of taking out the contract (my fault too) and did ring Nissan and RCI straight away, but they could do nothing.
Do I just accept this mileage charge?
Do I refuse to pay it?
Do I offer half?

They are going to be sending me an invoice will all the items on that need to be paid, so I am assuming when I receive this, that it will reference the section of my contract regarding the excess mileage.

Any help gratefully received.
Thank you
Dawn

[R0b]

Hello

Whether you choose to pay the excess mileage or not is up to you. None of us can give you the answer, you will need to weigh up the risks and whether you are prepared to defend it.

[Dawnclaire]

R0b

Thank you.

I'm sorry, I should have phrased my question better.

Is there a legal standing for me to defend paying the excess mileage? I am prepared to defend it.
Thank you

[R0b]

Have a read of the link below.

https://legalbeagles.info/forums/for...s-benz-finance

[Dawnclaire]

R0b

Thank you for these letters.
I have saved then and are now in the process of adapting them to my agreement. On my quotation it doesn't reference if it is referring to the Consumer Credit Act.

This is their statement:

Thank you for returning the above vehicle. The total amount outstanding which includes any arrears as shown above and any cost that you may have occurred from your recent vehicle inspection.
Please note that upon receipt of your inspection report, we have calculated any excess mileage that is present on the vehicle (if applicable) and reviewed all charges.. Where applicable we have made any possible reductions to reach a fair outstanding balance in accordance with the BVRLA guidelines. A copy of your inspection would have been given to you at the time of signing and a separate VAT invoice will be sent for your records for any damages and/or excess mileage charges.
Damage £161.00
Excess Mileage £1628.48

And that is it apart from giving me payment instructions.
Do I still use the original template letter as it is?

My quotation says:

"Any other costs deriving from the credit agreement -
In certain situations you may have to pay the following:
(iv) An Excess Mileage Charge of £0.08 per mile (Inc VAT) where you exceed any applicable Annual Mileage Allowance."

I did try to upload a photo of this but it was too big.
Thank you in advance
Dawn

[Dawnclaire]

R0b

Hi, I sent off my letter regarding the excess mileage charge to RCI Insurance company, this was your tweaked template letter.

I have just received this reply today:

VT TEAM
Toprobertd@talk21.com
Show more
18 Jul at 15:44
Load blocked images

Good Afternoon,



Thank you for your letter dated 13^th July and Cheque for payment for damages.



We reference to your letter in regards to liability for excess mileage, I’m afraid these charges are contractual and we would not look to remove them.



Please let me know, if I can be of any further assistance.


(Sorry, can't get rid of the images)

How would you suggest I reply, they just say it's contractual and cannot be removed?

Thank you in advance

Dawn

[R0b]

No point replying to that point as you'll hit a brick wall. The contract is subject to the Consumer Credit Act and therefore anything which conflicts in the CCA, prevails over anything in the contract - contract law 101.

You could write back to them and confirm this is their final position, if the answer is yes then you can just go ahead and make a complaint to the Financial Ombudsman. I've attached a zip file containing my version of the complaint pack you should look to send to the FOS - there is a complaint letter included in there too which is a one size fits all so you will need to adapt it to suit the points you are complaining about. Sections highlighted in yellow are also optional depending on your circumstances.

[Dawnclaire]

R0b

Thank you, would it be better to email RCI back or write to them? Also should I let them know that I will contacting the Financial Ombudsman or just do it.

Thank you
Dawn

[Dawnclaire]

R0b
Just an update for you, I have not heard back from Nissan Voluntary Termination team since I emailed on 19th July. I have not yet sent off the tweaked letters to the Financial Ombudsman, as waiting to hear what their final position is.

I have just sent another email asking them to confirm their position by Monday. I will keep you updated.
Many thanks for all the

[Dawnclaire]

.......letters and help
Dawn

[Dawnclaire]

R0b

Hi, just some advice please.

I have not heard back from the Nissan VT team at all. Should I still send my complaint to the FO yet or just wait until I hear more?

Thank you

[R0b]

Up to you, wait as long or as little as you like - a common sense approach applies to this I think.

P.s. without being trying to offend you or to come across as being harsh, I'm not going to hand hold and some decisions you will need to take yourself. There's plenty of information on this forum and if you do a search, there's be a myriad of the same responses.

[Dawnclaire]

R0b

Thank you, no, no, no offense taken. I have waited and will do so for a while but know that you have far more experience on how to deal with these matters.

I read quite a few threads on here, but didn't really see much about contacting the FO and waiting, I must have missed it.

[R0b]

Follow the complaints process with the FOS and take it from there. They are currently investigating excess mileage charges since the County Court case that Mercedes lost. You will receive a standard template letter from them but could be some time until an outcome has been reached and in that case, you would be wise to save up money in the meantime.

[Dawnclaire]

R0b

Hi, I have just received a letter from RCI stating that I am still legally bound to pay the mileage as it accrued throughout the agreement.

I have tweaked the letter to FOS and am about to send that off to them.

I will let you know what happens

Thank you