Voluntary Termination Mini Financial Services

[ngelsthorpe]

Good Afternoon,

I have followed a number of threads in regards to VT process which I followed in order to get where we are currently.
Mini Have sent an invoice for £1415.85 in regards to excess mileage. we sent the Mini back in October it was acknowledged and reported to be in excellent condition I had the vehicle serviced and all wheels re-furbed before returning.

We used your template letter and disagreed with the position of Mini in regards to the excess mileage and received the following response, I have redacted all the client information.* I was looking to try and find a suitable template response. I should also note that Mini have appointed Debt Managers to recover the alleged debt and have put on my credit file that the £1415.85 is an outstanding balce and that I have defaulted on 2 interest payments on that sum which has hammered my credit profile from 970 point down to 520 points Please help Response from Mini.pdf

Thanks for all the time and effort that goes into helping people

[R0b]

There's no need to file an additional response, they have given you their final one. You can:

1. Do nothing and accept everything as it is.

2. Make a complaint to the FOS.

3. Take legal action against MINI for breach of the GDPR/Data Protection Act 2018 for disclosing misleading and/or inaccurate data to credit reference agencies. If you want to go down this route, you may want to chat to pt2537whose firm may be able to give you some initial advice on the matter.

To be honest, their response explaining s.99(2) and s.100 is a bit backwards, but maybe that's just me. Yes s.99(2) doesn't affect liability accrued before termination but then when you read that in conjunction with s.100, you also have to read the definition of "total price". Nothing in s.100(1) suggests that it is subject to s.99(2) rather the reading of it implies it is the other way around. See for example, the sentence below:

"Where a regulated hire-purchase or regulated conditional sale agreement is terminated under section 99"

Because "total price" excludes compensation and damages for breach of contract, the only thing that is recoverable under s.99(2) is the monthly instalments which are not excluded for these purposes.

Just another point to note, the "Termination: Your Rights" box is a statutory statement which encompasses both s.99 and 100. The wording is set out in the Consumer Credit (Agreements) Regulations 2010. Therefore, to say that this statement has to be read in conjunction with S.99(2) is misleading and not actually true.

[ngelsthorpe]

Good Afternoon,

I have followed a number of threads in regards to VT process which I followed in order to get where we are currently.
Mini Have sent an invoice for £1415.85 in regards to excess mileage. we sent the Mini back in October it was acknowledged and reported to be in excellent condition I had the vehicle serviced and all wheels re-furbed before returning.

We used your template letter and disagreed with the position of Mini in regards to the excess mileage and received the following response, I have redacted all the client information. I was looking to try and find a suitable template response. I should also note that Mini have appointed Debt Managers to recover the alleged debt and have put on my credit file that the £1415.85 is an outstanding balce and that I have defaulted on 2 interest payments on that sum which has hammered my credit profile from 970 point down to 520 points Please help [ATTACH]n1516202[/ATTACH]

Thanks for all the time and effort that goes into helping people

Hi Rob,

Thank You for your response