Voluntary Termination on PCP Car Help/Advice

BlueCan2323

Hi Guys,

I've done plenty of research into VT and I was under the impression that the finance company can't chase you for any excess mileage charges as this doesn't apply with my rights. I have just been on the phone to 3 people at Nissan Finance and eventually got one lady who was arguing with me when trying to explain my rights. I was even reading out the contract I signed stating no more payments will be made unless the vehicle is damaged (fair wear and tear). She kept going back to returning the vehicle and how I've signed the contract agreeing to pay 8p per additional mile, which is correct, but my VT rights state I don't have ti pay this. I actually haven't gone over my mileage either, I do 8000K per year and I'm at 24000, but pro rota they said I should have only done 2300 and want me to pay £56.

Is anyone able to provide a document stating my VT rights that I can send off to them on Monday or have any idea on what I should do next?

Thanks in advance!

Nobbie1967

Did you sign any additional paperwork that Nissan sent you after you requested to VT it, or is the contract agreeing to 8p/mile the original PCP agreement?

If you sign the stuff they send you after you request VT you are agreeing to those terms. This is why the usual advice is not to sign any additional paperwork.

BlueCan2323

Nobbie1967 wrote: »

Did you sign any additional paperwork that Nissan sent you after you requested to VT it, or is the contract agreeing to 8p/mile the original PCP agreement?

If you sign the stuff they send you after you request VT you are agreeing to those terms. This is why the usual advice is not to sign any additional paperwork.

Hi Nobbie, I only just requested VT over the phone before I posted this thread, so it's my original PCP agreement is the only thing I have signed. I've seen plenty of stuff online saying not to sign the forms they send!

neilmcl

Yes you have rights, as you probably know if you've done the research you've said you have but to exercise them if the finance co. don't budge you'll have to take it all the way to court to get a judgement. Obviously that entails a risk that it may go against you, the choice is yours.

jenni_fer

Are you at the end of the term and at the point of the 'balloon' payment? If so, it may be that they are processing it as an end-of-term handback and not a VT, the two things could well have different t&cs

AnotherJoe

Someone posted a reference a few weeks back from a recent court case where someone in your position argued that mileage charges shouldn’t be levied, and it was ruled that excess mileage charges did apply, the judges ruling was that the mileage was a key part of the cars value and therefore it was fair to make the charge.

IIRC this didn’t go all the way to the Supreme Court so it’s not an absolute given but you’d seem to be on a loser taking it to court.

. If you weren’t liable, then you could have a car a year, put 100k miles on it despite having agreed to onky do 10k, and hand it back with no comeback, which doesn’t sound equitable to me.

BlueCan2323

neilmcl wrote: »

Yes you have rights, as you probably know if you've done the research you've said you have but to exercise them if the finance co. don't budge you'll have to take it all the way to court to get a judgement. Obviously that entails a risk that it may go against you, the choice is yours.

Is there not any document detailing VT that I can send before threatening to take it further?

jenni_fer wrote: »

Are you at the end of the term and at the point of the 'balloon' payment? If so, it may be that they are processing it as an end-of-term handback and not a VT, the two things could well have different t&cs

End of the agreement is January, but I made it very clear I was voluntary terminating, she even said that's fine as you have already paid 50% of the vehicle and argued about my rights.

AnotherJoe wrote: »

Someone posted a reference a few weeks back from a recent court case where someone in your position argued that mileage charges shouldn’t be levied, and it was ruled that excess mileage charges did apply, the judges ruling was that the mileage was a key part of the cars value and therefore it was fair to make the charge.

IIRC this didn’t go all the way to the Supreme Court so it’s not an absolute given but you’d seem to be on a loser taking it to court.

. If you weren’t liable, then you could have a car a year, put 100k miles on it despite having agreed to onky do 10k, and hand it back with no comeback, which doesn’t sound equitable to me.

I completely understand that kind of situation as you would be trying to get out of owing a lot of money, but I haven't gone over my annual mileage, although I know they work it out pro rota and it is the total of £56. On one hand I may just pay for it to avoid hassle, which they probably know, but it's the principle as I shouldn't have to pay for this.

motorguy

neilmcl wrote: »

Yes you have rights, as you probably know if you've done the research you've said you have but to exercise them if the finance co. don't budge you'll have to take it all the way to court to get a judgement. Obviously that entails a risk that it may go against you, the choice is yours.

There is no risk at all the finance company will persist all the way to court over £56.

motorguy

AnotherJoe wrote: »

Someone posted a reference a few weeks back from a recent court case where someone in your position argued that mileage charges shouldn’t be levied, and it was ruled that excess mileage charges did apply, the judges ruling was that the mileage was a key part of the cars value and therefore it was fair to make the charge.

IIRC this didn’t go all the way to the Supreme Court so it’s not an absolute given but you’d seem to be on a loser taking it to court.

. If you weren’t liable, then you could have a car a year, put 100k miles on it despite having agreed to onky do 10k, and hand it back with no comeback, which doesn’t sound equitable to me.

Was that not an FCA ruling, not a court ruling?

An FCA ruling has no legal standing.

Lucky_Duck_2

That's my recollection

TheMoonandBack

The right thing to do appears to me that you pay the £56, you’ve done the miles after all.