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PCP default excess mileage

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  • PCP default excess mileage

    Hi all,

    I am new to the site but have referenced posts a lot recently for an ongoing dispute. I am hoping I can share my experience and someone might have some helpful insights!

    I VT’d my car in January 2021 with Black Horse on a PCP contract. They charged me an “excess mileage charge” of £1,034 because the permitted mileage was 32,000, actual mileage was 44,013. The agreement was in 2017 and stated within the “termination rights” that I only need to repay half the amount payable under the agreement and I do not need to pay any more.

    I VT’d on January 15th, I received a default notice on January 19th but with no date on by when I should make payment and no calculation of the mileage amount. I wrote to them on 25th January stating there is no breakdown of the mileage calculation and disputing the charge based on their being no clause in the agreement or per CCA that I need to pay this. The vehicle was returned in great condition, will full service from BMW and full MOT and 9 months shy of the agreement end date. The GMV was £9,011, they sold the vehicle, with the additional mileage, 9 months before the end of the agreement for £12,444.

    Via a letter dated 1 April 2021 (sent second class) I got a response from Black Horse confirming the calculation of the mileage charge and stating it falls under the reasonable care clause and that the mileage is still payable. During 25th January and 1 April I was in regular contact with them to update me and they just always told me to wait on my complaint response. On 10 April I saw a default registration on my credit file. I have never been late with any payments and remained in constant contact with them over this.

    I was advised by them to speak with the Financial Ombudsman - something I have raised with them. The situation has left me in such a difficult position, I really don’t know what to do. I am a single parent and working a full time job, I don’t have the cash to buy a car outright, I only can get leased cars so I VT’d because the pandemic impacted my financial situation so I was trying to avoid any issues and have ended up in this situation. I have to take my daughter to school every day and try and get to work and I just don’t know how I’m going to do this now because I have no car and I can’t get one because of this mark on my file. It is keeping me up at night and I am in such a state over this. I rent a property and I cannot renew my rental lease because of this mark either. I feel it is total abuse of power of the lenders to issue notices whilst making no attempt to address the points raised by the creditor.

    If anyone has any advice I would welcome that so much.

    Thanks
    Tags: None

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