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BMW VT Excess Mileage challenge
I took out a PCP in MArch 2016 for a BMW x5 and to make the numbers work better the salesman advised to lower mileage from 12,000 to 10,000 as the car would still be worth more at the end of the 4 year term. Since owning the car I have had nothing but trouble with it which resulted in new engine at 8k miles, new brake management system along with other issues. During the term my job changed and i started doing a lot more mileage. In October we purchased a mini for our daughter and whilst in the dealership the dealer principal spoke to us enquiring what we were going to do with the X5.*
I explained that we would not be buying another BMW for obvious reasons but that i was not sure what to do as the car had excess mileage (60k as opposed to 38k contracts). He openly told me to VT the car as CCA allows you to do this when you have paid 50% of the credit agreement without further penalty. I looked in to this and it appeared to be correct so i completed the VT on December 13th and the car was collected 10 days later. Upon collection, BCA inspected the car and found no damage to it that warranted any costs.
I have all the photographic evidence of the condition of the car which was immaculate, however, BMW logistics emailed me in early January with a bill for the excess mileage of £3k. I duly responded back with the templated letter from Legal Beagles stating that CCA takes precedent and that according to the act I had met my obligation, paid over 50% and taken care of the car with better than fair wear and tear so i was not liable fo for the penalty.*
Their response was very interesting in that they acknowledged my letter as a complaint, stated that it was not upheld and recommended that I contact the FCA. I have reiterated my position, advised that i was not complaining and further pointed to case law where excess mileage charges have been dismissed. Once again i reveive a standard response pointing me to the FCA.*
Is this some kind of new strategy or do I actually need to go to the FCA. In my opinion I dont have a complaint to make as this is a point of law, shopuld they pursue this then I can defend my position in court
Any help would be much appreciated
I explained that we would not be buying another BMW for obvious reasons but that i was not sure what to do as the car had excess mileage (60k as opposed to 38k contracts). He openly told me to VT the car as CCA allows you to do this when you have paid 50% of the credit agreement without further penalty. I looked in to this and it appeared to be correct so i completed the VT on December 13th and the car was collected 10 days later. Upon collection, BCA inspected the car and found no damage to it that warranted any costs.
I have all the photographic evidence of the condition of the car which was immaculate, however, BMW logistics emailed me in early January with a bill for the excess mileage of £3k. I duly responded back with the templated letter from Legal Beagles stating that CCA takes precedent and that according to the act I had met my obligation, paid over 50% and taken care of the car with better than fair wear and tear so i was not liable fo for the penalty.*
Their response was very interesting in that they acknowledged my letter as a complaint, stated that it was not upheld and recommended that I contact the FCA. I have reiterated my position, advised that i was not complaining and further pointed to case law where excess mileage charges have been dismissed. Once again i reveive a standard response pointing me to the FCA.*
Is this some kind of new strategy or do I actually need to go to the FCA. In my opinion I dont have a complaint to make as this is a point of law, shopuld they pursue this then I can defend my position in court
Any help would be much appreciated
