Jon0910 Voluntary Termination & Mileage Issues

[andreww5]

Re: Jon0910 Voluntary Termination & Mileage Issues

It will be interesting to see what the ombudsman will decide as I know that Audi salespeople are still doing pcp deals with very low annual mileage so they make the deal fit the customers budget. They openly advise to vt when you have reached the 50% amount which is usually about 12 months before the contract is due to finish.
lets hope the ombudsman finds in favour of people like us who have signed a document because the contract actually states after 50% you can vt and don't have to pay any more it does not specify with certain exceptions ie excess mileage only that you have taken reasonable care of the gods. My cars are valeted every two weeks and go back to the supplier in excellent condition for the age of the vehicle.
will keep you all posted om my situation

[andreww5]

Re: Jon0910 Voluntary Termination & Mileage Issues

I have a update with my case the finance company are pinning there case on section 99-2 of the 1974 CCA which reads
"termination of and agreement under subsection 1 does not affect any liability under the agreement which has accrued before the termination"
The finance company have specified that excess mileage is a liability that has accrued before the VT so they are claiming for it
In my view does the word liability mean arrears / missing payments on the agreement or can they include this excess mileage clause?
This is definatley the clause they are using to say I owe the money
Not sure myself if this is correct in legal terms

[Wombats]

Re: Jon0910 Voluntary Termination & Mileage Issues

I don't think this liability (excess mileage) can accrue until the end of the agreement. Who is to say the aggregate mileage by the end of the agreement would not be in line with what was agreed? The excess mileage clause only affects the end of the agreement if it runs full term in my opinion.

I believe liability referred to here is any arrears on the agreement which are then a liability which must be paid with a VT.

[Guest]

Re: Jon0910 Voluntary Termination & Mileage Issues

I have a update with my case the finance company are pinning there case on section 99-2 of the 1974 CCA which reads
"termination of and agreement under subsection 1 does not affect any liability under the agreement which has accrued before the termination"
The finance company have specified that excess mileage is a liability that has accrued before the VT so they are claiming for it
In my view does the word liability mean arrears / missing payments on the agreement or can they include this excess mileage clause?
This is definatley the clause they are using to say I owe the money
Not sure myself if this is correct in legal terms

No no .ha ha.

section 99 is amount the right s to terminate and the creditors right to liabilities, it is not about quanta, the amount of liabilities and how and to what they are applied is set ins section 100.

The act stipulates that the half way point is recorded on the agreement, which should be accurate if there are no arrears, this would be a nonsense if there was an abstract uncounted millage charge

[Guest]

Re: Jon0910 Voluntary Termination & Mileage Issues

We have to remember that the Vt facility is thee to ensure that the sums outstanding on the agreement track with the value of the goods, if a creditor is allowed to introduces his own terms which alter this relationship the protection has no effect.

[Wombats]

Re: Jon0910 Voluntary Termination & Mileage Issues

Section 100(4) would have been their best argument, but if 99(2) is what they've decided, all the better. It will be even harder to argue their way out of that now.

[Guest]

Re: Jon0910 Voluntary Termination & Mileage Issues

I have been doing some research into this subject, i find it interesting that I cannot find one single documented case where a creditor has successfully taken someone to court in pursuit of one of these charges, on a contested claim.

However i find literally dozens wher creditors have backed down when challenged

Wonder why that is.

[Guest]

Re: Jon0910 Voluntary Termination & Mileage Issues

Section 100(4) would have been their best argument, but if 99(2) is what they've decided, all the better. It will be even harder to argue their way out of that now.

Yes it is a silly argument really. It in effect says that section 100 is irrelevant because all that matters is what the creditor includes within the terms of the contract.

[andreww5]

Re: Jon0910 Voluntary Termination & Mileage Issues

Andy thanks for your post can you just clarify what you think section 99 of the CCA is about what do you think the liabilities in section 2 are referring about
think we are getting somewhere on this now

[Guest]

Re: Jon0910 Voluntary Termination & Mileage Issues

Andy thanks for your post can you just clarify what you think section 99 of the CCA is about what do you think the liabilities in section 2 are referring about
think we are getting somewhere on this now

Yes that sections simply means that any liabilities which are due before termination are payable, it doesn't mean that any liabilities which the creditor decides to charge are payable. The liabilities in quanta are limited by section 100 to 50% of the TAP.

If section 99 just meant any sums mentioned in the contract are due then section 100 would be redundant as it would not limit the amount claimed.

[Wombats]

Re: Jon0910 Voluntary Termination & Mileage Issues

The most common of which would be as I posted in post number 78. :tinysmile_twink_t2:

[Wombats]

Re: Jon0910 Voluntary Termination & Mileage Issues

Andy thanks for your post can you just clarify what you think section 99 of the CCA is about what do you think the liabilities in section 2 are referring about
think we are getting somewhere on this now

I don't think some of us ever had any doubt lol!

[Guest]

Re: Jon0910 Voluntary Termination & Mileage Issues

Must admit in have not seen them use section 99 before, it seems a bit desperate.
Section 99 merely stes the debtors rights to terminate, the liabilities due in 99 upon termination are itemized in 100/

(1)

Where a regulated hire-purchase or regulated conditional sale agreement is terminated under section 99 the debtor shall be liable, unless the agreement provides for a smaller payment, or does not provide for any payment, to pay to the creditor the amount (if any) by which one-half of the total price exceeds the aggregate of the sums paid and the sums due in respect of the total price immediately before the termination

[andreww5]

Re: Jon0910 Voluntary Termination & Mileage Issues

Hi Andy it's finally clicked section 99 deals with the amounts due including any arrears which will be the liabilities in section 2 up to the 50% limit which is regulated by section 100
sorry it's taken me so long to understand but I now understand what it's all about
also they charged me £250 to pick it up which I've found out they are not allowed to do will be requesting this back as well
im feeling a bit like the holland manager lol

[Wombats]

Re: Jon0910 Voluntary Termination & Mileage Issues

also they charged me £250 to pick it up which I've found out they are not allowed to do will be requesting this back as well
im feeling a bit like the holland manager lol

That depends on where it was picked up from. Collection must be reasonable as must delivery if you deliver it I think. Chances are you're right to want the £250 back unless they collected from Timbuktu :beagle: