VW finance voluntary termination - excess mileage charge!?

[ReverseTriker]

Thanks for that,
yes in hindsight it would be silly for them to get a service :-)

Are you in the trade?
I wonder if its possible to find the stats for how many VT's or finished term Pcp's are returned with excess mileage ?

I came across this article from March 2017, saying one motoring specialist has seen a 35% increase in VT's yoy...

Voluntary PCP terminations 'at record high'

www.am-online.com/news/finance/2017/03/22/voluntar...

The motoring specialist deals with and disposes of nearly 1,000 voluntary terminations each month for funders, and has seen a 35% increase in these cars going through its auction, compared with the same period in 2016.

[iphonedyou]

NHughes89 said:

Does anyone know if these are enforceable?

You've contracted with VWFS for a car, and as part of that contract agreed to have it main dealer serviced and limited to a certain mileage.

You've then not bothered with a full service, done the oil yourself and ignored the mileage limit.

Why?

[NHughes89]

iphonedyou said:

NHughes89 said:

Does anyone know if these are enforceable?

You've contracted with VWFS for a car, and as part of that contract agreed to have it main dealer serviced and limited to a certain mileage.

You've then not bothered with a full service, done the oil yourself and ignored the mileage limit.

Why?

I wasn’t aware under my contract that I had to get it serviced, only through looking at my contract when told about vt did I become aware of it.

We were going to keep the car for the full agreement and as my partner is now in a lift share at work by the time it finished the mileage would have been there or there abouts to the contract. Unfortunately I have lost my job so we can not afford two cars. Hence we our VT’ing.

I wouldn’t knowingly go into a contract with the intention on VTing.

[tallpaul26]

NHughes89 said:

I wasn’t aware under my contract that I had to get it serviced, only through looking at my contract when told about vt did I become aware of it.

Presumably you had signed the contract? Were you aware that by signing it you were agreeing to its terms and conditions?

[babatunde]

NHughes89 said:

I wasn’t aware under my contract that I had to get it serviced, only through looking at my contract when told about vt did I become aware of it.

We were going to keep the car for the full agreement and as my partner is now in a lift share at work by the time it finished the mileage would have been there or there abouts to the contract. Unfortunately I have lost my job so we can not afford two cars. Hence we our VT’ing.

I wouldn’t knowingly go into a contract with the intention on VTing.

there is nothing wrong with VT a car, even if you've exceeded the mileage, the law is the law, if the loophole is there then expoit it, the finance company would do the same.

However on the not knowing you should service the car, going to court to argue that you didn't know a car needs servicing is not going to help your case.

[MJW1977]

Hi,
Interesting thread, and I'm in a similar position with VWFS and a rather large invoice for excess mileage after voluntary terminating the PCP which I've disputed under consumer credit act. But whilst I've spent many hours of reading of people getting excess mileage charges, and also what seems pretty definitive that finance companies cannot enforce this in law, what I don't seem to be able to find anything on how is these cases actually turn out - has anyone actually had VWFS (for example) cancel such a bill, do these just hang out indefinitely or do people cave and pay up?

[xjay1337]

MJW1977 said:

Hi,
Interesting thread, and I'm in a similar position with VWFS and a rather large invoice for excess mileage after voluntary terminating the PCP which I've disputed under consumer credit act. But whilst I've spent many hours of reading of people getting excess mileage charges, and also what seems pretty definitive that finance companies cannot enforce this in law, what I don't seem to be able to find anything on how is these cases actually turn out - has anyone actually had VWFS (for example) cancel such a bill, do these just hang out indefinitely or do people cave and pay up?

Surely the decent thing is just to agree with VWFS for the mileage done vs contracted limit vs time.

[Gio G]

The reality of this appears to be purely pot luck if you get charged after a VT for excess mileage or damage. Whether any of the charges are enforceable is a grey area and assume many who have been successful in negotiating a better position or had no recourse with VWFS are not going to shout about it too much...

I will have to VT my car, as it has depreciated so heavily, making a part exchange pretty much impossible. Being a diesel does not help either, however I fully understand the risks of the agreement. Looking to get into another VAG product, however not sure whether VWFS views that in a favourable light against my old agreement..

Then again their cheating devices have not helped the used diesel prices, which in turn impacts the market value of the asset.

G

[Sheepshanks]

xjay1337 said:

Surely the decent thing is just to agree with VWFS for the mileage done vs contracted limit vs time.

That would be fair if VW were known for doing the decent thing themselves.

[Devondickie]

We are halfway into a PCP with VW and have just got an inheritance, so fancy paying it off. We are probably way over the mileage, so could face a charge for this, but if we pay off the PCP, do we avoid the charge? Would we be better served setting aside the cash, continuing the PCP closer to the end date, prevent waiting until it runs out completely?

[Dimebars]

Devondickie said:

We are halfway into a PCP with VW and have just got an inheritance, so fancy paying it off. We are probably way over the mileage, so could face a charge for this, but if we pay off the PCP, do we avoid the charge? Would we be better served setting aside the cash, continuing the PCP closer to the end date, prevent waiting until it runs out completely?

If you're simply paying the car off, no excess mileage charges will apply

They only apply if you hand the car back at the end of the agreement of if you VT the car (although mileage charges on VT are debatable)

[Jab153]

Hi,

I have an Audi A3 to which I got on PCP in March 2016. I phoned VWFS to discuss VT and they me my annual mileage would be pro rata and any mileage excess would apply. Is this right? On my agreement forms. It states under termination rights, as long as I have paid more than the figure shown and the car is in reasonable condition and all payments are up to date there will be no further payments required. Which suggests to me that I wouldn’t have to pay extra for mileage.

I’ce Seen on some of the post that this was changed roughly last year. But I signed up in March 2016 and have not had any correspondence to make me aware of any changes to T&C’s which surely is a breech under the credit consumer act?

Thanks in advance

[Mandat]

Jab153 said:

Hi,

I have an Audi A3 to which I got on PCP in March 2016. I phoned VWFS to discuss VT and they me my annual mileage would be pro rata and any mileage excess would apply. Is this right? On my agreement forms. It states under termination rights, as long as I have paid more than the figure shown and the car is in reasonable condition and all payments are up to date there will be no further payments required. Which suggests to me that I wouldn’t have to pay extra for mileage.

I’ce Seen on some of the post that this was changed roughly last year. But I signed up in March 2016 and have not had any correspondence to make me aware of any changes to T&C’s which surely is a breech under the credit consumer act?

Thanks in advance

Reasonable condition would relate to mileage as well, therefore if over the agreed pro rata mileage, VVFS could argue that this was not reasonable.

There is of course the ongoing debate about mileage charges being enforceable under VT.

[indapendentlee]

Jab153 said:

Hi,

I have an Audi A3 to which I got on PCP in March 2016. I phoned VWFS to discuss VT and they me my annual mileage would be pro rata and any mileage excess would apply. Is this right? On my agreement forms. It states under termination rights, as long as I have paid more than the figure shown and the car is in reasonable condition and all payments are up to date there will be no further payments required. Which suggests to me that I wouldn’t have to pay extra for mileage.

I’ce Seen on some of the post that this was changed roughly last year. But I signed up in March 2016 and have not had any correspondence to make me aware of any changes to T&C’s which surely is a breech under the credit consumer act?

Thanks in advance

The terms of the agreement no longer apply as the contract is immediately voided on notification, as long as you've met the required 50% of total amount payable level.

Most manufacturers will try and get you to pay excess mileage charges, the way they do this is by offering to assist with processing the VT by sending you a pack out with "the forms" in. When you sign this form they include a cheeky clause that basically gets your agreement to pay excess mileage charges. As a last resort some of them will put it on the collection form when the car is picked up/dropped off - again with the same intention.

At this point a new contract is formed and they use this to enforce the payment of the excess mileage charges "you signed here in black and white and agreed to it sir!"

You need to VT your car without signing ANYTHING the manufacturer puts in front of you.

More info here:

https://legalbeagles.info/forums/forum/legal-forum...

and here for templates:

https://legalbeagles.info/forums/forum/legal-forum...