PCP Voluntary Termination; Can they charge excess Mileage?

wensleydaleuk

why don't you just ask for a settlement figure, then see what dealers will give you for the car? You might be pleasantly surprised and even turn a profit. Even better that way excess mileage doesn't play a part.

tifosi

Just bringing this one back from the depths

For anyone elses future reference, a contractual term cannot compel you to pay in excess of that set in Statute

Therefore, if you have paid in excess of 50% of the total amount due under an agreement, and you give official notice in writing of a Voluntary Termination, they CANNOT charge excess mileage fees, irespective of the contractual terms that may limit mileage.

The only requirement under statute is that the goods are in reasonable condition, which of course would depend on many factors such as age, the condition of the vehicle at time of purchase, etc.

If you are say 30,000 miles over the agreed mileage at the point you have paid 50% of the total due, but the car itself is in good cosmetic condition and has been serviced regularly, I think they would struggle to argue it was not in reasonable condition.

If you Gooogle this you will find lots of examples of people VT'ing with excess mileage and paying no fees.

dnav

tifosi wrote: »

Just bringing this one back from the depths

For anyone elses future reference, a contractual term cannot compel you to pay in excess of that set in Statute

Therefore, if you have paid in excess of 50% of the total amount due under an agreement, and you give official notice in writing of a Voluntary Termination, they CANNOT charge excess mileage fees, irespective of the contractual terms that may limit mileage.

The only requirement under statute is that the goods are in reasonable condition, which of course would depend on many factors such as age, the condition of the vehicle at time of purchase, etc.

If you are say 30,000 miles over the agreed mileage at the point you have paid 50% of the total due, but the car itself is in good cosmetic condition and has been serviced regularly, I think they would struggle to argue it was not in reasonable condition.

If you Gooogle this you will find lots of examples of people VT'ing with excess mileage and paying no fees.

Hi tifosi,

Have you got anywhere i can get the legal writing for this or other examples of ppl doing successfully, as I'm just about to VT and way over mileage, so need all legal documents i can find to argue the request which i am sure will come for XS mileage.

Thanks!

jonesMUFCforever

This thread is from 2012 - I think it has all been sorted by now!