• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Excess mileage charge

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Excess mileage charge

    I have received a court claim for excess mileage on a Mercedes from Mercedes finance .
    this is a long running saga nearly 18 months .
    i was persuaded to purchase a brand new Mercedes on another pcp deal and was catagoricaly told by the salesman and finance director that there would be no outstanding payments to be made .
    i was over halfway into the deal and had not reached my mileage quota ..
    they are retrospectively charging me for mileage that I hadn't yet done because my deal ended early ..please help guys I'm struggling to understand Mercedes stubbornness considering. This is my 3rd car on a pcp deal with them and I now pay over £659 a month on my present deal .
    Tags: None

  • #2
    Re: Excess mileage charge

    Hello,

    If you can complete the following information below as a starting point that would be helpful. So what exactly do you want to do? Are you wanting to pay up the excess mileage, or fight it and have your day in court?

    Did you have anyone at the time who can verify what the sales person said and/or the finance director? Is it in writing? As a rule of thumb, if someone is going to make a statement, either get it in writing or take a witness with you who can verify what was said - otherwise its your word against theirs.

    Received a claim? Yes/No:
    Issue Date:
    Have you Acknowledged the Claim?:
    Total Amount Claimed:
    Claimant’s Name:
    Solicitors Firm:
    Original Creditor:
    Original Debt (eg. Credit card/Loan/Overdraft) :
    Particulars of Claim: Please type out in full excluding names/account numbers:
    List any letters you have sent (eg: CCA/ CPR )
    Any Other Information or Background Details:
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      Re: Excess mileage charge

      Needing some help.I recently VT my BMW agreement, i was over the 50% and was instructed i would be liable to pay nothing further from a BMW Salesmeni used one of the legal beagle templates in response to BMW regarding section 99 and 100.now i have had 2 letters from BMW first one is title excess mileage and they have quoted the following'thank you for your recent email in respect of the excess mileage invoice raised on your agreement. having taken your comments into consideration and after a full review of your agreement. i am now able to respond to the points you have raised.please allow me to explain why we are justified in raising the excess mileage invoice as per section 99(2) and 100(4) of the credit consumer act 1974when reviewing the CCA 1974, it needs to be taken into account as a whole. We do not disagree that the act does advise that you will be liable for 'one half of the total price' in section 100(1). however section 100(4) expands on this and specifically states : ''if the debtor has contravened an obligation to take reasonable care of the goods or land, the amount arrived at the subsection (1) shall be increased by the sum required to recompense the creditor for that contravention, and subsection (2) shall have effect accordingly''.it needs to be accepted that a vehicle is a devaluing asset; the more miles the vehicle is returned with, lower the value of the vehicle, as you have exceeded the pro-rated mileage allowance of which you have agreed and signed to, this has put the vehicle out of good condition.i would like to bring you attention, section 173 of the credit act, whilst this states that a contractual term is unenforceable should it add additional liability. Your duty to pay for the excess mileage under the ''excess mileage chargers for depreciation''. section of your agreement should you end the agreement.please be aware that our stance will remain unchanged. as explained in the terms and conditions of your agreement, it is your liability to settle the invoice amount, it is not the responsibility of BMW financial service to take this complaint further as a final response has been issued.should you not agree with our response, details are explained below of where you can escalate your complaint. in light of this, collection activity will continue and i must make you aware that any payment outstanding for 28 days or more may have negative impact on your credit file.and the second letter is a notice sums in arrears relation to agreement. has any1 got any advice for me? as i was told by a BMW salesmen that i am not liable to pay excess mileage chargers and have emails to prove this, and also used a legal beagle templates for VT for bmw. thnaks

      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

      Announcement

      Collapse

      Support LegalBeagles


      Donate with PayPal button

      LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

      See more
      See less

      Court Claim ?

      Guides and Letters
      Loading...



      Search and Compare fixed fee legal services and find a solicitor near you.

      Find a Law Firm


      Working...
      X