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VWFS VT - excess mileage this time! (Have VT'd with before and was not charged)

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  • VWFS VT - excess mileage this time! (Have VT'd with before and was not charged)

    Hi there,

    Hope all are keeping well and safe

    So I know there are endless threads on excess mileage charges around Voluntary termination and I have read many at length. My query is somewhat different in that I have VT'd my previous Audi back in 2017 and was not charged any excess mileage charge even though there was excess mileage. I also still have it in writing from a member of VWFS customer services at that time that I will NOT be charged any excess mileage for voluntary terminating my car when I queried this knowing that I had excess mileage and was expecting to pay it. I went through the process and was not charged at all as was stated. That previous contract was a 4 yr PCP at 25000 miles per annum. The car was bought with 11,728 miles on the clock in March 2014 and when I VT'd the car in Feb 2017 I had done 92,327 miles. *I had calculated that according to the contract I should have only done a maximum of 84,654 miles at the point of VT'ing my car and so should have been charged excess 7,673 miles had they have gone down the route of charging me excess mileage pro rata.

    Now the reason I am explaining that is I am now again in a position where I need to VT my current Audi with VWFS (due to financial issues surrounding Coronavirus) and am able to so at the end of April'20. On discussing this with the VWFS customer service agent I spoke to, he said that under no uncertain terms I WILL definitely be charged for any excess mileage which will be calculated pro rata when VT'ing my car. I did not relay any information about what mileage I had done, I simply queried his statement saying that I had VT'd my last car with VWFS which had excess mileage I was not charged for it. I also explained I still had in writing from VWFS back in 2017, that I do not get charged for excess mileage when Voluntary terminating the contract. He said that it doesn't matter and maybe it was a different type of contract. I would like to highlight at this point that I have the exact same 4 yr PCP contract in place although it being a 10,000 miles per annum. I have read both copies of my previous PCP contract and my current one and the T'andC's wording is identical, no additional clauses whatsoever.

    So my query is; can VWFS actually charge for excess mileage this time having not done so before. Surely in my specific case a precedent has been set in that I have actually gone down the VT route before with VWFS and was not charged for the excess mileage. If hypothetically they now try and do so when it comes to*VT'ing my current car , and refuse to budge then surely I have proof that they are just trying it on. Again I actually have an email stating I will not be charged excess mileage when voluntary terminating my car when I queried this on my previous Audi. Am I right here or is it just dealt with on a case by case basis? In my view, you either legally charge for excess mileage or you don't, regardless of the level of excess mileage in question. VWFS can't now say they do and will charge having clearly not done before with my previous car. Could you provide any clarity around this case as I would like to be prepared for when I do VT my car towards the end of the month?

    My situation is that I am self employed and as such am unable to work due to issues around the Coronavirus and instead of going down the route offered of reducing my monthly payments with VWFS for the next few months, *I am in a position where I can activate the VT clause and walk away in a few weeks time which is more logical thing for me to do. As I simply cannot go on paying the monthly instalments as I am not earning and my finances have been hit quite substantially.

    I would also like to add that I still have a copy of the 'Voluntary termination of Agreement' letter from Audi Financial services from 2017. This was sent to me when I last instructed them to VT my previous car. It states my obligations to them and no-where on this letter does 'excess mileage' get mentioned. It simply lists the documents I need to provide in handing the car back and the 'fair wear and tear' obligation. I know this was a few years back but has anything significantly changed that I should be aware of since then?

    Any advice you can provide would be most appreciated.

    Thanks in advance*

    King Regards


    *

  • #2
    https://legalbeagles.info/forums/for...mileage-u-turn

    “Fast forward a year or so and I'm now in a position to get a new car. When I went to talk terms they told me that the excess mileage is a big problem. I am informed by them that VW have recently decided to start charging for excess mileage. This decision was taken roughly March 2017.”

    https://legalbeagles.info/forums/for...28#post1443628

    https://legalbeagles.info/forums/for...88#post1519288

    Comment


    • #3
      Thanks Huxie for getting back to me on this.

      So it just seems they are trying it on a bit more now. I’ve read so many posts around this topic as I’m sure others have. I guess simple fact is will have to deal with it at the time. I was just hoping to get some clarification of whether *if it went as far as court proceedings, the fact they did not charge me for excess mileage (and put in writing that they do not charge for excess mileage) for a previous pcp contract I VT’d can be used as evidence to support that the charge can not be enforced this time. I even said this to the salesman when signing my new pcp contract and he agreed. So he new the score.

      Is there anyone who can advise on a legal basis here?*

      Again thanks in advance*


      *

      Comment

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