Hello,

I have recently VT'd my PCP with Audi and used a letter template from one of the forums on Legal Beagle to argue my case against charges for excess mileage and damage. I have received a response from Audi mentioning two things that I could really use some help with please!

Firstly- In my letter to them I used the case of Mercedes vs. Cahalane at Willesdon County Court as a response to excess mileage charge and they have come back to me and said that both their legal team and the Finance & Leasing Association have no record of this case and are therefore unable to take it in to consideration. I am very confused by this, so does this mean that the case doesn't exist or have I provided the wrong detail please?

Secondly- In terms of not owing any additional money once 50% of my PCP had been voluntarily terminated I referenced Section 100 of the Consumer Credit Act. They have come back saying I have failed to note that Section 99 (2) explicitly stated that "Termination of an agreement under subsection 1 [the right to terminate] does not affect liability under the agreement which has accrued before termination." Therefore the charges still apply.

Would you please be able to advise on the above please? As I am very confused by it all!

In addition they have mentioned in the closing paragraphs of the letter that it constitutes their final response and the charges still stand. So I would assume I would send a response back to them, but also send a case to the Financial Ombudsman?

Any help would be greatly appreciated.

Many Thanks!