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Hi,
Appreciate any advice here.
Dealing with BMFS on an excess mileage issue. I VT the car in Sept 2019 at 3 years on a 4 year PCP having paid 50% of the car value. Just received a further letter from BMWFS disputing my position - my second letter was taken from this site and read as follows:
"I am writing further to your letter dated 3rd October 2019 the contents of which are noted.
In your letter you mentioned that the reason why I am liable for excess mileage is because section 99(2) of the CCA states that termination of the agreement does not affect liability accrued before termination. Whilst I do not disagree with this statement, it would appear that you are misguided in your understanding of a debtors’ liability because to understand such liability, section 99 and section 100 must be read together......etc ".
BMWFS now stating that in their 2nd letter the following:
"Our correspondence sent to you subject "Your voluntary termination enquiry" under the section excess mileage (select agreements only) it explicitly states
"Your maximum total mileage is stated in your agreement. This will be pro-rated to the date we accept your request to voluntarily terminate the agreement. If you have exceeded your pro-rated mileage, we will send you an invoice for the excess mileage due".
They then go on to quote Section 99 (2) of the Act - "termination of an agreement by a customer by way of VT does not affect any liability under the agreement which has accrued before the termination".
"The excess mileage charges for Depreciation and Termination sections of the Agreement clearly states that Excess Mileage charges are sums that become payable under the Agreement prior to termination and as such it is clear that they are due and payable by you pursuant to Section 99 (2).
They then state under the terms of their Complaints Procedure this is their final response.
They then tell me I have a right to refer this to the FOS within 6 months.
Appreciate and advice if the above is a standard response - and I am not liable for the excess charge - if so what should be my next move ? Or does the above look as though for some reason I am liable ?
Thanks in advance.
Appreciate any advice here.
Dealing with BMFS on an excess mileage issue. I VT the car in Sept 2019 at 3 years on a 4 year PCP having paid 50% of the car value. Just received a further letter from BMWFS disputing my position - my second letter was taken from this site and read as follows:
"I am writing further to your letter dated 3rd October 2019 the contents of which are noted.
In your letter you mentioned that the reason why I am liable for excess mileage is because section 99(2) of the CCA states that termination of the agreement does not affect liability accrued before termination. Whilst I do not disagree with this statement, it would appear that you are misguided in your understanding of a debtors’ liability because to understand such liability, section 99 and section 100 must be read together......etc ".
BMWFS now stating that in their 2nd letter the following:
"Our correspondence sent to you subject "Your voluntary termination enquiry" under the section excess mileage (select agreements only) it explicitly states
"Your maximum total mileage is stated in your agreement. This will be pro-rated to the date we accept your request to voluntarily terminate the agreement. If you have exceeded your pro-rated mileage, we will send you an invoice for the excess mileage due".
They then go on to quote Section 99 (2) of the Act - "termination of an agreement by a customer by way of VT does not affect any liability under the agreement which has accrued before the termination".
"The excess mileage charges for Depreciation and Termination sections of the Agreement clearly states that Excess Mileage charges are sums that become payable under the Agreement prior to termination and as such it is clear that they are due and payable by you pursuant to Section 99 (2).
They then state under the terms of their Complaints Procedure this is their final response.
They then tell me I have a right to refer this to the FOS within 6 months.
Appreciate and advice if the above is a standard response - and I am not liable for the excess charge - if so what should be my next move ? Or does the above look as though for some reason I am liable ?
Thanks in advance.
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