Volkswagon/Audi after Over-mileage charges

[JoeParky]

Hi,

I wonder if you can help?

Earlier this year I Terminated my Audi contract. Although there were some very minor refurbishment charges the car was in great condition. I paid the refurbishment charges as I thought this the correct thing to do and also to stave off any attempt for them to come back for Over-mileage. I was wrong and now they seek charges of nearly £2000!

From the information I can glean on the matter, the Consumer Credit Act protects you from such charges and there is no Provision in the Law for them to force these charges to be paid?

I was ready for them to scream and shout and have replied to a few letter that seem to have escalated aggressively in the last few months. I sent a nicely worded and polite letter back to each to explain the Consumer Credit Act protects me from such charges and I could no longer afford to pay.

I have now received a letter from a Solicitor acting on VW/Audi's behalf which is asking for me to pay in full within 14 days otherwise the client will consider taking steps to recover the outstanding balance which may include court proceedings. Furthermore, if action is taken the balance may increase! They have also offered a payment plan.


Although, I know it is not illegal for them to ask for the money however, am I correct in my knowledge that they cannot force payment, neither take me to court as the Consumer Credit Act protects me and there is no provision for them to do so???

I would be very grateful for any advice.

Sincerely,

Joe

[R0b]

Hello,

They can't force you to pay them but they can take you to court if they wanted to and then it's up to you to defend yourself and argue the law doesnt allow them to recover excess mileage.

There have been some positive results from the Financial Ombudsman recently against VW/Audi so you might be wise slapping in a formal complaint to them and kick starting the process.

At the same time it would be wise to also write to their solicitor and say that a formal complaint has been made to VW/Audi and under ther regulatory obligations they have a duty to investigate the complaint. You could put them on notice that if legal proceedings are issued then you reserve the right to make an application to the court for an order that proceedings are stayed until the complaints process has been concluded, whilst seeking costs at VW/Audi expense for non-compliance of its regulatory obligations.

If you dont want to go through any of that, I suggest you simply pay up.

[JoeParky]

Hello,

They can't force you to pay them but they can take you to court if they wanted to and then it's up to you to defend yourself and argue the law doesnt allow them to recover excess mileage.

There have been some positive results from the Financial Ombudsman recently against VW/Audi so you might be wise slapping in a formal complaint to them and kick starting the process.

At the same time it would be wise to also write to their solicitor and say that a formal complaint has been made to VW/Audi and under ther regulatory obligations they have a duty to investigate the complaint. You could put them on notice that if legal proceedings are issued then you reserve the right to make an application to the court for an order that proceedings are stayed until the complaints process has been concluded, whilst seeking costs at VW/Audi expense for non-compliance of its regulatory obligations.

If you dont want to go through any of that, I suggest you simply pay up.

Great advice thank you very much.

Stay safe and keep well.

KR Joe