BMW Finance excess mileage- Ombudsman Response - unsure where to take next

[ayers]

Hi all,

I have spent the past 18 months fighting excess mileage charges after voluntary terminating my agreement with BMW, using the great advice and information that Rob and others have posted. I strongly believe that excess mileage charges after termination are wrong and that car finance companies are forcing people into a position of either having to pay or have their credit file destroyed.

I finally got a response from the Ombudsman Service which rejected the majority of my complaint and agreed with BMW that excess mileage charges are due. Their response is is in my opinion incredibly complicated and from what I gather a carbon copy of responses that has been sent to others. The only positive is that they agreed excess mileage charges do not constitute unreasonable ware and tare.

Can anyone help with a response to FOS or where to take this next? I don't want to give up on it all and let these companies get away with what they are doing. I have redacted any personal info from the FOS response.

Thanks in advance!

R0b I'm hoping you may be able to have a quick look at this?

[ayers]

Here is the ombudsman response.

[R0b]

I can only suggest that you pursue legal action against BMW if you do not wish to settle the matter with them, otherwise you are stuck in limbo. There is already someone who has issued proceedings for the exact same dispute, so you may want to wait and see the result of that to take action now.

Unfortunately, if you have exhausted all other routes, the legal one is your last resort.

[ayers]

Thanks Rob. So do you feel the best option now is to start legal action and not try and appeal the Ombudsman response?
The ombudsman stance is disappointing but seems they are adamant to defend these car finance companies. What a shame!

[ayers]

R0b Hi Rob, I am trying to find more info on the court of appeal case Julian Hodge Bank Ltd v Malcolm John Hall that the judge refers to in the Mercedes excess mileage charge.

There seems to be very little information on the case online. Do you have any insight? I think it would be helpful seeing it was a deciding factor in the case against Mercedes yet the Ombudsman haven’t mentioned it once.

Thanks

[R0b]

Check your PM.

You need to weigh up whether it is worth fighting BMW on this or not. You can try going down the ICO route claiming a breach of inaccurate data, and if you find in your favour, then you could force them that way. If BMW were still to refuse, then you could use that ICO decision to support your claim.

[Mrs dee]

Hi I have exactly the same problem. After having an Ombudsman involved ,actually it's only an investigator at this stage ,he came back with the exact same response as yours which is complicated as hell. He did however admit that excess of mileage is not considered to be a failure to take a reasonable care as it is totally different from the damages of the vehicle.
I am now, trying to put across my objection to his decision but I don't know the best source to use.
Hope someone can give me some template so that I can use in my defence.

Thank you.

[Mrs dee]

Hi all,

I have spent the past 18 months fighting excess mileage charges after voluntary terminating my agreement with BMW, using the great advice and information that Rob and others have posted. I strongly believe that excess mileage charges after termination are wrong and that car finance companies are forcing people into a position of either having to pay or have their credit file destroyed.

I finally got a response from the Ombudsman Service which rejected the majority of my complaint and agreed with BMW that excess mileage charges are due. Their response is is in my opinion incredibly complicated and from what I gather a carbon copy of responses that has been sent to others. The only positive is that they agreed excess mileage charges do not constitute unreasonable ware and tare.

Can anyone help with a response to FOS or where to take this next? I don't want to give up on it all and let these companies get away with what they are doing. I have redacted any personal info from the FOS response.

Thanks in advance!

R0b I'm hoping you may be able to have a quick look at this?

OMG! It's actually identical to my response! They just copy and paste with just a name added to it!