BMW VT Excess Milage

[Marmat53]

Hello

I recently VT'd my BMW after 3 years because I took a new job and was given a company car.

It was in mint condition, but had done 12,000 miles over the 8000/pa predicted mileage.

I have written to them disputing the excess mileage fee using a template from one of these forums. They have written back saying they can lawfully recover any excess milage in addition to the 50% figure as milage was accrued before I ended the agreement.

They have stated that this is their final response and that I can take to the FO if i would like to.

I am not v happy as 1) the sales man reduced my milage from 12,000 to 8,000 to meet the price I wanted to pay and 2) I don't have the money to pay £642 excess milage fees.

Any advice please?

[R0b]

Re: BMW VT Excess Milage

Hello,

Excess mileage is well documented on here so I would suggest you do a search the forum and read up on other threads.

Section 99(2) that BMW refer to as a right to recover the excess mileage is qualified by section 100(1) which carves out your liability when you terminate in accordance with section 99. Indeed, the title of section 100 under the CCA is Liability of hirer on termination of hire-purchase etc. agreement, so it makes it pretty explicit that section 100 is concerned with your liability upon termination.

Anyway, as for your first point, unless the salesman said that you can VT at owe no liability then you don't have much of an argument, but if he did then you could claim misrepresentation which induced you to enter into the contract. As to the second point well this is a question as to whether you want to defend it or pay up. There may be a possibility that BMW will take you to court over it and in which case, the VT Guide has some additional information on defending a claim should you choose to go down that route. At the same time, court claims are not quick and can often take around 6 months or more from issuing proceedings to attending a trial. During that period of time you could put a little money aside so if you are not successful in defending it then you can pay it off straight away without having a CCJ recorded on your credit file (because you have a month grace period to pay the judgment in full before it is recorded against you).