Voluntary Termination - excess mileage charges

[cg1706]

Hi, wondering if anyone can advise please. I have read so many posts on the forum in relation to this that my eyes hurt, so forgive me as I have decided to ask in my own post.

I carried out a VT of my Mini using the template letters from this site (I didn't sign their paperwork). Car was returned in excellent condition, with no additional charges other than excess mileage. Invoice then received in excess of £1400. I wrote to BMW finance using template letter to negate the charges and they have not surprisingly come back to say that they uphold their charges but I can discuss with them by telephone or refer my complaint to the Financial Ombudsman service.

My query is this, do I have to refer a complaint to FOS or can I just tell them to take me to court? The reason for asking is that from what I have read on the forum the FOS will most likely side with the finance company. Secondly, in the letter from BMW finance some of the information contained in the letter is factually incorrect i.e. that date that I signed my finance agreement. This would make me believe they have copied and pasted a standard letter which contains details of someone elses agreement!!!!

[R0b]

Re: Voluntary Termination - excess mileage charges

I think you've already answered your own question. You will see there are plenty of threads on here in the same position as you, some pay up, and others don't. There is no magic formula or letter that will help you, the decision is entirely up to you. You can either dispute it, put some money aside each month and see whether they take you to court, or pay up.

It may sound like they have copied and pasted but it is indeed a standard letter however that doesn't change the position your currently in.

[97Joanne]

Re: Voluntary Termination - excess mileage charges

My advice (for what's its worth !!) I'm going to fight this with BMW as they are chasing me for £3900 for excess mileage, I'm going to complain to the FOS just in the hope that if many of us do maybe they will start to take an interest!!
My update is that BMW have passed my so called debt onto a debt collection agency and I've politely told them to poke it as well... I'm following all the advice on here from all those very clever people who offer support. Many thanks to you all I will keep you updated of my intentions

[cg1706]

Re: Voluntary Termination - excess mileage charges

Thanks guys, I just wasn’t sure if I had to lodge a complaint with the ombudsman as part of the process or not.