PCP - VT

[Ev_ma]

Hi there,

I was wondering I could get some advise on early VT.

I have terminated my contract late May and handed over the car which was in an impeccable condition (only scuffs on the wheels). I have 2 questions:

1 - the contract was for 4 years and with 15000 miles per year. I paid half and VT'd due to financial problems. I had gone over the mileage by 18000 inn the 24 months. Do I must pay for the excess mileage?

2 - The car was collected and driven away from my house buy someone from the finance company/auction house. 2 and half months later the bill arrived with the mileage and restoring the wheels. Is there a time frame for them to contact me once the car is collected?

The whole purpose I have VT'd is because I cannot afford the car anymore and certainly cannot afford to pay for the £2500 bill from the finance company.

Please advise what options I have, if any?

[R0b]

Re: PCP - VT

They can't make you pay for excess mileage, but they may argue that due to the excess mileage, this has put a strain on the condition of the vehicles components and therefore it was not returned in a reasonable condition. If this is the case they will need to provide an independent expert report confirming that the condition is not reasonable due to the excessive mileage.

Did you have the car serviced regularly?

What is the reason for such an excessive amount of mileage? Were you motorway driving or city driving?

[Ev_ma]

Re: PCP - VT

Hi R0b,
Thanks for this.
Car was services regularly and very well looked after. My last service in Feb it costed me £1200 as I had all the breaks changed, spark plugs, filters, air con recharged , etc... One of the reasons why affordability was an issue.

Mostly motorway mileage.

Cheers

Ev

[R0b]

Re: PCP - VT

You could write back to them and state that under the CCA 1974, where you terminate the agreement under s.99, your liability is limited to 50% of the total amount payable. This does not include damages or compensation for breach of the agreement. As you have paid more than 50% of the total amount payable, you are not liable to pay any more.

s.173 says that any contractual term which is inconsistent with your rights and liability under the CCA is void and unenforceable. In other words, terms which are in conflict with the CCA then those terms cannot be imposed on you.

As for the reasonable condition argument, you could say that the car has been serviced and in accordance with the guidelines and new replacement parts have been made to to brakes, spark plugs etc. You consider the car in a reasonable condition and the onus is on them to prove that the car was returned to them in a poorer state than is required under the CCA.