VT supporting docs

[Guest]

I am appealing to the Financial ombudsman over some alleged excess mileage charges. The Finance company refuses to send me evidence of the alleged excess mileage apart from saying i owe it. In the sample letter to the Financial ombudsman, it mentions enclosing the following document extracts. however, I cannot find these anywhere. for the first one, I don't even know what extract I should use. Can anyone point me in the right direction please? Thanks.

• • An extract of the consultation paper, A Consultation on Voluntary Termination of Hire Purchase and Conditional Sale Agreements Under the Consumer Credit Act 1974 dated 2 September 2004, reference 04/1557. I do not consider the rest of the document helpful as it contains a series of questions but please let me know if you require the full text;
• • A transcript of the County Court decision of Mercedes-Benz Financial Services (UK) Limited v Cahalane (26 February 2018);
• • Copies of Sections 99, 100, 173 and 189 of the Consumer Credit Act 1974.

[R0b]

Use as much or as little as you need. I'm also attaching a recent FOS decision around excess mileage which related to VWFS that was posted on this forum not too long ago, it would be wise to incorporate this into your complaint.

[DLF]

Thanks Rob - They just sent a letter saying I owe them £168.40 for excess mileage, but they have given me no actual evidence of this. I asked for a photo of the mileage as I dispute it, but they just keep refusing my requests (have asked three times) and have now sent me a letter threatening a debt collector. They did ask for damages too - but when I asked for photo evidence, they said they had looked at the photo and decided there was no damage; although I didn't get to see the photo. However, I knew there was no damage. Am a bit worried about a debt collector turning up though. I have never had any bad debt in all my 56 years. I also paid over £5000 more than 50% and the car was actually worth £5000 more than what was left on the agreement due to such low mileage - it only had 18000 on clock for a 4 year old vehicle.

[R0b]

Well it's worth making those points as well, the FOS may not necessarily agree with you, but if the lender is claiming that the excess mileage has reduced the value of the car, point out that your total payments have exceeded the 50% should cover the loss and in any event the car was worth more based on the mileage at the time of handing it back - may need to produce some evidence on that.