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  1. #1
    fixit44's Avatar

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    Default VWFS Voluntary termination and final invoice charges help

    I know this problem has probably being covered previously but I am new to the forum and would like a little help here please.

    I took out a 4 year PCP finance with VWFS on a brand new Audi with a mileage agreement of 12000 miles per annum and not to exceed the maximum total mileage of 49000 miles.

    All payments were made on time up to and including the final one before the VT. I have now gone though the voluntary termination of the agreement after 42 months - so was well over the 50% VT settlement figure.

    When the car was inspected, the guy from British Car Auctions told me there were a couple of scratches (which I did know about - usual supermarket type of people walking past with coat zips etc), that would be liable for repair and he put these down on his inspection report at £120 (at the time he advised me that rather than having these repaired myself it would be better just to hand the car back as it was). But other than this he said the car was in really good condition. I signed the inspection report without questioning whether I was required to do this (looks like on further investigation I maybe shouldn't have with hind sight but at the time I thought it was a requirement).

    The car was then collected a week later and again before it was driven away, the guy collecting it again inspected it - it does state on Audi's VT form that 'please note, the collection driver is not a qualified vehicale inspector, the inspection carried out by the driver is to ensure the vehicle is road legal'. He pointed out a small dint on the bumper which I had no knowledge of as it was not easily visible but I argued it with him this time and told him that it had not been picked up on the previous inspection and I wasn't happy with his assessment. He then told me that an email report and collection document would be emailed through to me. but to date - over 2 weeks on this has not arrived in any email or written letter. I did photograph the damage pointed out and the car in general just as a back up if there were any issues.

    In the meantime I have sent back the DVLA V5 document with the recorded mileage at the time of collection being 47463. (photographed this just in case)

    Now I have received an End of Contract Invoice from Audi with the following charges:

    Refurbishment costs £131.40 + 20% vat (£26.28) @ £157.68
    Excess Mileage fee £251.83 + 20% vat (50.37) @ £302.20

    There is no information regarding how they have arrived at the excess mileage charge and the extra charge for refurbishment costs.

    I presume that I can challenge both these figures under the CCA terms using a version of the letter templates on the forum, especially as seen as I did not actually go over the mileage figure shown on the agreement (I could have parked the car up until the end of the agreement) and 2) I have no information relating to the additional 'refurbishment' charge from the original £120 advised on the first inspection.

    Please could someone help me by clarifying where I stand - Thank you
    Last edited by fixit44; 22nd October 2017 at 21:42:PM.

  2. #2
    fixit44's Avatar

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    Default Re: VWFS Voluntary termination and final invoice charges help

    tagging @R0b

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    Default Re: VWFS Voluntary termination and final invoice charges help

    Hello,

    So are you saying that you returned the vehicle under the mileage, pro-rata? Audi would have calculated the excess mileage based on the pence per mile in your contract, usually between 7p - 10p.

    If you have no information about the refurbishment charge then you are within your rights to ask for further information. Have you received a copy of the damage report that was carried out? If not, ask for that also which is not unreasonable especially if they are relying on that.

    There are template letters on here that you can use, but you may need to adapt them slightly to suit your current situation - they are not a one-size-fits-all.
    DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.


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    fixit44's Avatar

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    Default Re: VWFS Voluntary termination and final invoice charges help

    Hi @R0b
    Thanks for answering.

    Point 11.1 on their contract reads,

    'If the mileage covers more than:

    - the maximum annual mileage in any succeeding period of 12 months starting from the making of this agreement; and/or
    - the maximum total mileage; you will be liable to pay us the excess mileage charge shown on page 1. That liabilty will accrue with each mile covered by the vehicle in excess of those mileages. You must discharge to us the charge on demand.

    I am assuming that they are charging me for excess mileage under section 11.4 of their contract, which reads,

    11.4 'If this Agreement terminates early, we will reduce the maximum total annual mileage in the proportion which the actual period of hire bears to the period of hire originally agreed. Any excess mileage charge will be calculated using that reduced maximum total mileage.

    I assume therfore that I am being charged pro-rata. I was under the impression from reading on the forum, that they can not enforce excess mileage once a VT has been applied, although they will try and this is where I will need to use a versio of the online letter template.

    With regards to the condition report. I received the initial report on the day when the guy from British Car Auctions came to inspect. He did advise me at the time that I should challenge this (which maybe he should not have done). However since then I have not, other than the final end of agreement invoice, received any further paperwork regarding collection or condition, which was supposed to be emailed to me.

    It's the first time I have VT'd a car so am a little bit unsure I am on the right track with challenging this final payment.

    Thanks again for your help.

  5. #5
    fixit44's Avatar

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    Default Re: VWFS Voluntary termination and final invoice charges help

    Update
    Since sending back the first letter challenging the excess mileage and refurb costs, Audi have now phone me to discuss my complaint even though I was actually expecting a reply in writing.They have agreed to waive the refurb charges but are still insisting that I pay the excess pro rata mileage under the terms of section 100 of the CCA, which I intend to challenge using an adapted version of the second excess mileage template. I have however, since then dug out more paperwork and come across a pre contract finance agreement , which I received from Audi financial services clearly showing the terms on which I was sold and ordered the car. In this it states that no excess mileage will be charged for if the mileage does not exceed 12000 in any succeeding 12 months. No where in here is there any mention of a pro rata mileage condition and at no time did any sales person mention being charged pro rata for mileage.

    Has anyone else had this? Audi have now asked to see a copy of this and have also said that they will be contacting the garage where i got the car from. Would i be right in thinking that if they changed their original terms on which I was sold the car without being told that this would show a potential for mis selling? and would help to strengthen my complaint?

    Thanks

    Tagging @R0b
    Last edited by fixit44; 16th November 2017 at 19:24:PM. Reason: Alteration

  6. #6
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    Default Re: VWFS Voluntary termination and final invoice charges help

    Are you able to upload this document so I can have a look? If that was given to you as a representation that there would be no excess mileage charges but they've subsequently amended this in the terms, then they might not have a defence to this.

    Make sure to remove any personal info.
    DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.


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    Default Re: VWFS Voluntary termination and final invoice charges help

    Hi ROb

    Thanks for replying. I will upload in the next hour with all personal info blocked out.

  8. #8
    fixit44's Avatar

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    Default Re: VWFS Voluntary termination and final invoice charges help

    @R0b Please find documents attached for the pre contract agreement, showing the terms regarding the mileage. On this there is no mention of a pro rata charge as far as I can see. Having looked at the date on page 3 I have since found that this was actually dated from the day I actually collected the car and was the terms I was talked through by the salesperson when signing for the car.
    Attached Thumbnails Attached Thumbnails audi precon1.jpg   audi precon3.jpg   audi precon2.jpg  

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    Default Re: VWFS Voluntary termination and final invoice charges help

    Quote Originally Posted by fixit44 View Post
    @R0b Please find documents attached for the pre contract agreement, showing the terms regarding the mileage. On this there is no mention of a pro rata charge as far as I can see. Having looked at the date on page 3 I have since found that this was actually dated from the day I actually collected the car and was the terms I was talked through by the salesperson when signing for the car.
    I think this is already covered on the last page you have uploaded, under related costs.
    DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.


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    fixit44's Avatar

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    Default Re: VWFS Voluntary termination and final invoice charges help

    Sorry @R0b not quite sure what you mean. Are you saying that the pro rata is actually covered or that it isn't? Thanks

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    Default Re: VWFS Voluntary termination and final invoice charges help

    Sorry I've not made myself clear, the Pre-contract information should include information about costs etc. otherwise it could be open for challenge for being an unfair contract term. The pro-rata clause isn't in there and you may be able to argue it, but a court may find that it is a reasonable clause and doesn't necessarily need to be in the pre-contract information.

    But yes you are right, it isn't covered in there and you may have be able to argue that the pro-rata clause is an unfair clause because it enables the lender to recover excess charges if the mileage is exceeded pro-rata but there is no option to provide a rebate if the mileage is below the agreed amount, pro rata or otherwise. In that case there is a significant imbalance between the parties and in favour of the lender. It may also be seen as a penalty clause if the pence per mileage is calculated so as to allow the lender to recover as much money as possible in anticipation of the debtor exercising their VT right.

    Arguing something like this can be complex and it is not advisable that this is your only defence, it ought to be tagged onto the end of something more substantial - otherwise you could incur yourself with costs, if the case ever went to court. I doubt you mentioning the above, that will change Audi's position on the matter anyway.
    DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.


  12. #12
    fixit44's Avatar

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    Default Re: VWFS Voluntary termination and final invoice charges help

    Ok Thank you @R0b for making things clearer. I would use this possibly in conjunction with one of the second letter templates as i previously wrote above just to help to strengthen the argument. Many Thanks

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