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BMW VT issue - stalemate!

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  • BMW VT issue - stalemate!

    I returned my BMW under VT, having paid everything required under the VT clause. The mileage was pro-rata higher than contracted at termination date, so BMW Financial Services want me to pay a further £1000+ to cover this.

    I have been back & forth with them, using the excellent template letters provided on this site by R0b (thank you).

    Their stated final position is now that I owe the amount for excess mileage, as it is due and payable under the terms of the contract and this will be marked as an unpaid debt on my credit file and I can complain to Ombudsman Service or pay it!

    I can see no point in going to the OS, as all previous threads report that OS will normally find in favour of the lender due to not having sufficient understanding of the terms of the CCA etc.

    Mostly, the advice I have seen says 'do not pay' as I have fully complied with the VT terms under the CCA, but it will potentially damage my credit rating and I feel this is extremely unfair.

    Does anyone know what my best cause of action is now, as BMW and I are at a stalemate? I would like a cost-effective way of legally challenging BMWFS over the adverse credit marker and the fact that the alleged debt for excess mileage is incorrect and unenforceable.

    Any advice gratefully received, thank you!
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