HP agreement - car finance with Citroen excess mileage claim

[Mazym]

Hi All

I had a brand new car on one of these 3 year lease things on HP and gave voluntary early surrender due to financial hardship. When I took the car out I was asked what mileage per annum I needed to which I said 10,000. I have noticed that at the end of that doc it does state that "the dealer should hand a complete copy of the agreement at the time of signing to the customer" this was never done.

However, now they are trying to recover excess mileage as the docs says 6,000 per annum mileage. Obviously I would not have agreed to just 6,000 per annum, this is far too low for my needs.

I actually had the car for 17 months and handed it back with just over 11,000 miles on. They are trying to claim over £200 excess mileage.

can they do this? :tinysmile_hmm_t2:

[Guest]

Re: HP agreement - car finance with Citroen excess mileage claim

Hi Mazym

I take it you voluntarily terminated the agreement fbefore the term, so where liable for half the contractual price.

Firstly do you have the agreement that was signed by you when you took on the car, does this have an excess mileage clause and what exactly does it say.

Any other paperwork that they say they have or should have given you is irrelevant, this is the only document that matters.

R

[Mazym]

Re: HP agreement - car finance with Citroen excess mileage claim

Hi Andy 58

yes it was a voluntary termination so I know I am liable to pay 50% of the price, if not already done so, it was a HP agreement where I keep the car for 36 months then either hand it back, renew or keep it and pay a balance.

the issue is relating to excess mileage they are trying to claim, at the time of signing the car dealer went through an Adequate Explanation form basically a 'checklist' with me which states "I have discussed mileage....." which I did and I stated I wanted 10,000 per annum, I signed this form on that basis, I was then handed the HP agreement and signed the back page where indicated to do so. I was NOT given a copy of this agreement. Once I gave voluntary termination, they sent me a full copy of the HP agreement highlighting that I said I wanted 6,000 miles and this is what the agreement states. I certainly did not state this, it is far too low for my needs I used the car every day, I am well aware than an average user will do 10-12,000 miles pa. I note on the agreement that it clearly states at the bottom that 'the dealer should hand a full copy of the agreement at the time of signing' which never happened. If this had happened I could have checked the document fully and rectified this point.
They also state that a refusal to pay excess mileage is a breach and fraudulent misuse of a financial asset. To me, fraudulent is 'dishonest' and I certainly wasn't that! I wanted 10,000 miles per annum and they have put in 6,000 in error.

any ideas what I can do??

[Guest]

Re: HP agreement - car finance with Citroen excess mileage claim

Firstly it is a breach of the consumer credit act, not to give you a copy agreement upon signing, did the copy they showed you with the reduced figure bear your signature ?

[Mazym]

Re: HP agreement - car finance with Citroen excess mileage claim

it was only signed on the back page so not on the page where excess mileage is referred to no