Should i seek legal advice?

unholyangel

MEM62 wrote: »

The mileage limit will be in the agreement that you signed. As the mileage on a car has a direct impact on its residual value, and therefore your monthly payment, I don't see how you would not expect this be part of the agreement.



You didn't. Effectively you rented it. I am not a fan of PCP deals for that very reason.



I doubt it. I am sure that the agreement is watertight. In addition, a court is not going to listen to any claimed agreements based on your conversations with the salesman as these will be considered hearsay. If you can get the car back early to avoid the excess mileage charges as advised above then that is probably the best outcome you can hope for.

Hearsay is where you allege x person told you xyz (ie if OP had someone testify to what was agreed at the time of sale but the person testifying wasn't present when it was agreed and is only testifying to what the OP told them rather than what they actually witnessed). While its true most courts won't allow hearsay, testifying to what was discussed when you were actually present & part of that discussion is not hearsay.

Having it in writing is better (also a good way to catch out retailers making empty promises - if they mean what they say, they shouldn't have a problem putting it in writing), but its not a necessity.

That being said, I'm not sure OP would have much of an argument from what he's said so far. PCP is finance. You get a 14 day cooling off period on finance so that you can read over the complex/lengthy agreement and cancel if you find its not what you thought/change your mind. I'm not sure he has an argument for the reduced value due to missed service either as my understanding of these PCP agreements is that the finance company own the car and you simply have the option to buy it at the end of the lease period. Unless perhaps the finance company are penalising him in some way for the missed service, he doesn't appear to have lost out.

System

Nipplehead wrote: »

I'm taking a loan out to pay off the finance on the car, then im trading my car into another garage to buy another one.
.

By "buy" I hope you mean to pay for a car you can actually afford to buy outright in cash and not just get another finance package out.

facade

Nipplehead wrote: »

they want 900 quid for the milage.

I'm taking a loan out to pay off the finance on the car, then im trading my car into another garage to buy another one.

I think thats the action im going to take because im in neg equity of nearly 2000 atm and i dont want another PCP deal or a new car.

On paper you have negative equity of £2000, so you are going to get a loan for £2000 more than the car is worth to buy it, then trade it in for what it is worth (you hope) and therefore lose £2000 plus any interest on the loan ???? :eek::eek::eek:

You might as well just keep the PCP on and pay £900 excess mileage, or simply VT it as soon as you reach the 50% point and lose nothing.

You need to get the dealer to sort out the service record first though, you booked a service, paid for a service and yet they haven't stamped the book and recorded a service on their system (who cares whether they did it or not, the paperwork needs to be in order)

debtdebt

Nipplehead wrote: »

Is the GFV not voided by the ammount of miles ive went over? by the time i hand it back it would of done 30k and my limit was 6k a year, wouldnt the GFV be voided because i went over the limit?

I understand what everyone is saying completely.

Ive been abit of an idiot

For nigh on three years you've apparently not known about the mileage limit yet within a day, you now know it's 6k a year.

Manxman_in_exile

kmb500 wrote: »

Wait what? There's a NISMO version of the Juke? That's the funniest thing I've heard all week.[/QUOTE]


Although you don't know what a yellow box junction is, I agree with you on this point! Will Sir Chris Hoy be racing one at Le Mans next year?

Car_54

facade wrote: »

You need to get the dealer to sort out the service record first though, you booked a service, paid for a service and yet they haven't stamped the book and recorded a service on their system (who cares whether they did it or not, the paperwork needs to be in order)

Nissan would care, and so would any subsequent owner of the car. It sounds a bit like fraud, and conspiracy.

almillar

s the GFV not voided by the ammount of miles ive went over? by the time i hand it back it would of done 30k and my limit was 6k a year, wouldnt the GFV be voided because i went over the limit?

See, I was asking the mileage involved, you hadn't said. If it was close, I'd like to think the garage would have written it off considering the hassle they've caused you. 30k vs 18k is what you've done. I think you should give it a try. Part of your complaint is that the mileage allowance they gave you was too low and didn't inform you. I don't know how much the extra 12k miles would affect the value of the car, but it's still average/below average miles for the age of car, so it's not that bad. Gotta be worth a try? Are you still putting miles on, and if so, can you stop?!

agrinnall

kmb500 wrote: »

Wait what? There's a NISMO version of the Juke? That's the funniest thing I've heard all week.

facade wrote: »

It has red mirrors

Still assembled in Sunderland, out of old Clio parts though

I parked next to one yesterday, it had black alloys with the edge of the rim picked out in yellow. Subtle it wasn't!

kmb500

Sounds very tasteful...