Hi,
I have been reading this forum for a while and thought i'd get advice but also share my findings.
I am dealing with FGA Capital UK (Fiat Financial Services) and am VT'ing the PCP agreement as 50% has been paid.
I sent an email saying I wanted to VT, which Fiat stated is fine due to 50% having been paid, however they are after some additional costs as expected...
First of all they want a £70 collection fee, i'm fairly certain they cannot ask for this and I have rarely seen anyone else mention they have been charged this. This is not related to the car's condition at all and I read (possibly on the FCA website) that they cannot charge for collection of the vehicle and to complain to the Financial Ombudsman Service if they are asking for this. Would everybody agree here?
Secondly, they want the remainder of the GAP insurance policy (£155.95 from the £288.18), this was lumped in with the monthly cost of PCP but has a separate section on the agreement (note not a separate agreement). I don't think they can charge for this again, as on the agreement it even states after the GAP loan agreement 'regulated by the Consumer Credit Act 1974' which obviously states within it that as long as 50% has been paid nothing further can be charged. I understand I am roughly £10 short of 50%, but charging the full amount again is incorrect. I may add as well that I don't even think i'm liable for the £10, because I have paid the amount stated as 50% under the TERMINATION: YOUR RIGHTS section which is the only part that should matter.
Lastly, they want excess mileage. The contract was for 8k per year. Currently on about 31 months of the 36 months. Roughly 2k miles over at 6p per mile (£120ish). I feel this is the grey area of the contract as it states 'have taken reasonable care of the goods'. Obviously mileage affects the value of the car but I don't feel that having 23k mileage instead of 21k mileage would affect the cars value that considerably to say it is not reasonable care. The car is still under the national average mileage for its age by a considerable amount and how could I possibly foresee that I would do this tiny extra mileage (roughly 16 miles extra per week!). I know a lot on here are under the impression that mileage should definitely not be charge, but I was wondering if anybody has had any success stories in fighting this? I have only really seen people asking for help, then being threatened by debt collectors/court action and nothing after.
I am 99% sure I have rights to avoid the collection charge and GAP insurance, but a little less confident on the mileage unless others can give me absolute facts from a case they have won?
Thanks for reading, I hope some of this may help others and others can help me!
Mark
I have been reading this forum for a while and thought i'd get advice but also share my findings.
I am dealing with FGA Capital UK (Fiat Financial Services) and am VT'ing the PCP agreement as 50% has been paid.
I sent an email saying I wanted to VT, which Fiat stated is fine due to 50% having been paid, however they are after some additional costs as expected...
First of all they want a £70 collection fee, i'm fairly certain they cannot ask for this and I have rarely seen anyone else mention they have been charged this. This is not related to the car's condition at all and I read (possibly on the FCA website) that they cannot charge for collection of the vehicle and to complain to the Financial Ombudsman Service if they are asking for this. Would everybody agree here?
Secondly, they want the remainder of the GAP insurance policy (£155.95 from the £288.18), this was lumped in with the monthly cost of PCP but has a separate section on the agreement (note not a separate agreement). I don't think they can charge for this again, as on the agreement it even states after the GAP loan agreement 'regulated by the Consumer Credit Act 1974' which obviously states within it that as long as 50% has been paid nothing further can be charged. I understand I am roughly £10 short of 50%, but charging the full amount again is incorrect. I may add as well that I don't even think i'm liable for the £10, because I have paid the amount stated as 50% under the TERMINATION: YOUR RIGHTS section which is the only part that should matter.
Lastly, they want excess mileage. The contract was for 8k per year. Currently on about 31 months of the 36 months. Roughly 2k miles over at 6p per mile (£120ish). I feel this is the grey area of the contract as it states 'have taken reasonable care of the goods'. Obviously mileage affects the value of the car but I don't feel that having 23k mileage instead of 21k mileage would affect the cars value that considerably to say it is not reasonable care. The car is still under the national average mileage for its age by a considerable amount and how could I possibly foresee that I would do this tiny extra mileage (roughly 16 miles extra per week!). I know a lot on here are under the impression that mileage should definitely not be charge, but I was wondering if anybody has had any success stories in fighting this? I have only really seen people asking for help, then being threatened by debt collectors/court action and nothing after.
I am 99% sure I have rights to avoid the collection charge and GAP insurance, but a little less confident on the mileage unless others can give me absolute facts from a case they have won?
Thanks for reading, I hope some of this may help others and others can help me!
Mark
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