excess mileage charges

[97Joanne]

whilst I have read most posts on here and I'm going through a very similar situation to most with BMWFS after early VT. I have written back to them dismissing the excess mileage charges applied using the very helpful templets on this forum. BMWFS collections have written back to me with a notice of late payment interest to be charged to my account £13.52 for a month period. I'm assuming they will apply this every month now until its resolved. Can they legally do this ??

[97Joanne]

Well as most people on here are finding the FOS have found in favour or BMFS stating that given the facts they are satisfied that the agreement clearly and prominently outlines the requirement to pay excess mileage charge if you've covered more than the pro-rata contracted mileage upon termination. they have dismissed and points under sections 99 and 100 of the CCA. interestingly enough the gentleman dealing with my complaint states at the end of his findings " I think this is a fair outcome in the circumstances, for the reasons I've explained.but if you decide you don't accept what I've said please let me know by the 30th January 2018. If I cant resolve things then an ombudsman here can look at everything again and make a final decision" so im not sure who has looked into my complaint ??
the day I received this email I also got a voicemail on my phone from whoever BMW have tasked with recovering the debt stating they are preparing a court action against me !!! do I continue this fight ??