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  • FIRST POST
    • ScotsMan2017
    • By ScotsMan2017 9th Sep 17, 10:34 AM
    • 9Posts
    • 1Thanks
    ScotsMan2017
    Excess Mileage Charge - Reached Debt Collectors
    • #1
    • 9th Sep 17, 10:34 AM
    Excess Mileage Charge - Reached Debt Collectors 9th Sep 17 at 10:34 AM
    Hi All,

    Long story short, I became unemployed and then using online advice I VT'd my car. I had planned to keep the vehicle at the end of the term so mileage didn't matter.

    So after VT'd they said based on the estimated mileage I was over, I pointed out that I had paid 50% and that was all I was obligated to pay. The debt has now been passed to DLC, so now I'm not sure what my next move is.

    Any help would be appreciated.
Page 3
    • DoaM
    • By DoaM 16th Sep 17, 4:48 PM
    • 3,186 Posts
    • 3,223 Thanks
    DoaM
    Point of order ... such a claim would be a civil claim in the County Court. As such, even if the finance company won it wouldn't set a precedent. (It might be persuasive for other claims in the County Court, but there'd be no precedent ... each claim would need to be heard on its own merits).
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • neilmcl
    • By neilmcl 16th Sep 17, 5:41 PM
    • 10,009 Posts
    • 6,997 Thanks
    neilmcl
    ^This, I'd imagine that this issue has been taken to court on a number of occasions but as there is no precedent then this just means that nobody has taken a judgement to appeal at a higher court, it certainly wouldn't be in the best interests of the finance company to do so either just in case they lost.
    • ScotsMan2017
    • By ScotsMan2017 21st Sep 17, 5:19 PM
    • 9 Posts
    • 1 Thanks
    ScotsMan2017
    To keep everyone updated.

    Communication between car company and the debt collection agency has broken down, according to them they have settled my complaint and the CCA allows for them to charge mileage excess. I have until 6 months after the final response to contact the financial ombudsman to log a complaint.

    After which they reserve the right to purse me.

    I replied basically saying that them telling me the CCA allows them to charge me doesn't make it true and could be them scarying me into paying. And until I have evidence or someone in power tell me that is the case I will not be paying.
    • fiisch
    • By fiisch 21st Sep 17, 10:58 PM
    • 164 Posts
    • 62 Thanks
    fiisch
    I have no advice to offer, but this article is helpful - http://www.thecarexpert.co.uk/car-finance-voluntary-termination-pcp-hp/

    I am in the same boat. I recently VT'ed a Skoda Octavia vRS diesel with 52,000 on the clock, when I had only contracted 35,000. I have now had a bill for £1400. The car was returned in immaculate condition, but the mileage is over.

    My reasons were not as genuine as yours - the part-ex/private selling figures I was getting offered were abysmal - below the guaranteed future value, yet the vehicle still had a year left to run. The car had been passed to my wife, and was unsuitable, so I decided to VT and get her something smaller with cheaper monthly payments. I was also advised by the new dealer (Seat, so part of the same group) to VT and I should have no issues with the mileage - I accepted this, probably because it was what I wanted to hear.

    I freely accept I have used the VT perhaps slightly disingenuously, although I'd argue my vehicle's value was hampered by the downturn in public opinion of diesels and VW's emissions scandal.

    I found a letter template from Legal Beagals (sp?) which I sent back to the finance company and waiting to hear back.... I'm not sure whether by refusing to pay what I am doing is necessarily "fair", although the car did go back in exceptional condition (I wash my own cars, lambswool mitts and expensive products, do not eat/drink in them etc.!)
    Last edited by fiisch; Yesterday at 11:00 PM.
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