VWFS VT Mileage Charge

[Kipys1]

Hi All, I appreciate this topic has been covered extensively. I recently VT’d my Audi A3 with VWFS. I have since received a mileage charge from them. I have been in branch (Stirling and Glasgow) and have been told, by both, that going down the VT route I would not be charged for any excess mileage. I have explained this over the phone, however, they have since sent a letter saying I am still liable to pay the excess charge. They’re reason for this is that a section (11.4) within the contract states that I am liable to pay the excess, below I have quoted the “Termination: Your Rights” and “Mileage” section 11.4.

“Termination: Your Rights
You have a right to end this agreement. To do so, you should write to the person you make your payments to. They will then be entitled to the return of the goods and half the total amount payable under this agreeember, that is £x. If you have already paid at least this amount plus any overdue installmants and have taken reasonable care of the goods, you will not have to pay any more.”

“Mileage: Section 11.4
If this Agreement terminates early, we will reduce the Maximum Total Mileage in the portion which the actual period of hire bears to the period of hire originally agreed. Any Excess Mileage Charge will be recalculated using that reduced Maximum Total Mileage.”

When the guys can to inspect and collect the car, they did not ask me to sign anything (I planned not to sign anything anyways) and I disputed the Refurbishment charge which they have dropped.

Any help is greatly appreciated.

[SAS Tom]

You’ll get answers from both sides. Realistically though, you used the car for those miles so you should pay for it. You would be kicking off if it was the other way around.

[Monkeylegend]

How many miles over the pro rata mileage allowance are you?

[Macneil]

I did the same a year ago with a charge of £220 odd quid I got a couple of letters and ignored them. The loan is clear on my credit report.

I find it hard to believe that anyone at VWFS told you that you weren't liable though, are you trying to convince yourself?

[Kipys1]

Monkeylegend said:

How many miles over the pro rata mileage allowance are you?

I am circa 4K miles over

[Monkeylegend]

That's not a lot in the grand scheme of things. Br interesting to see what they do if you don't pay.

[Kipys1]

Macneil said:

I did the same a year ago with a charge of £220 odd quid I got a couple of letters and ignored them. The loan is clear on my credit report.

I find it hard to believe that anyone at VWFS told you that you weren't liable though, are you trying to convince yourself?

The letter states that they will take the payment after 30 days if I haven’t paid it beforehand.

No not anyone from VWFS. I was in both Audi branches (Stirling and Glasgow) as I was looking for another car, I explained my situation and both members of staff said that VT’ing would be my best option and the i would not need to pay and extra mileage charge.

[Kipys1]

Monkeylegend said:

That's not a lot in the grand scheme of things. Br interesting to see what they do if you don't pay.

Can they not just take the money from my account if I have not paid it within the 30 days stated in the letter they sent me?

I am a bit skeptical, it does seem like it’s just a way of recouping any cost any way possible. The reason I say that is they dropped the refurbishment cost without any objection.

[Monkeylegend]

Kipys1 said:

Monkeylegend said:

That's not a lot in the grand scheme of things. Br interesting to see what they do if you don't pay.

Can they not just take the money from my account if I have not paid it within the 30 days stated in the letter they sent me?

I am a bit skeptical, it does seem like it’s just a way of recouping any cost any way possible. The reason I say that is they dropped the refurbishment cost without any objection.

Do you pay by direct debit?

[Kipys1]

Monkeylegend said:

That's not a lot in the grand scheme of things. Br interesting to see what they do if you don't pay.

Can they not just take the money from my account if I have not paid it within the 30 days stated in the letter they sent me?

I am a bit skeptical, it does seem like it’s just a way of recouping any cost any way possible. The reason I say that is they dropped the refurbishment cost without any objection.

[Kipys1]

Monkeylegend said:

Kipys1 said:

Monkeylegend said:

That's not a lot in the grand scheme of things. Br interesting to see what they do if you don't pay.

Can they not just take the money from my account if I have not paid it within the 30 days stated in the letter they sent me?

I am a bit skeptical, it does seem like it’s just a way of recouping any cost any way possible. The reason I say that is they dropped the refurbishment cost without any objection.

Do you pay by direct debit?

Yes mate, I had it on pcp

[Gio G]

They will pursue you for the excess mileage charge. As the contract you signed makes you liable. Your dealer saying you will not be charged is wrong to have given you that advice. Maybe 4 years ago, VWFS never charged people for excess mileage, however I assume record numbers of VT's have made them change their minds. I have yet to hear a story of someone challenging them in court over this and winning...

G

[Kipys1]

Gio G said:

They will pursue you for the excess mileage charge. As the contract you signed makes you liable. Your dealer saying you will not be charged is wrong to have given you that advice. Maybe 4 years ago, VWFS never charged people for excess mileage, however I assume record numbers of VT's have made them change their minds. I have yet to hear a story of someone challenging them in court over this and winning...

G

Hi G,

Is the situation I’m in just now similar to what you have read/known of previously? Also, do you know if they can take the money from my account without me agreeing to it within the 30 days stated in the letter they sent me? Or is this just a scare tactic?

[Danm1les]

I VT'd my Golf R last month with VWFS and they charged me excess mileage as I was over which was fine, they worked it our pro rata.

What I disputed was that they charged me from 0 miles and the car was driven 100 miles to me, apparently I agreed to it in the T's and C's so I paid and moved on. the only win i did get was that they tried to charge for a damaged wheel which i queried was it not inside the allowed damages and they had no picture of the wheel to actually check so they waived the fee.

[Sheepshanks]

Kipys1 said:

Also, do you know if they can take the money from my account without me agreeing to it within the 30 days stated in the letter they sent me? Or is this just a scare tactic?

You could stop that by ceasing the Direct Debit, or even doing a reverse charge if they take it.

I can well imagine sales people said you wouldn't have to pay it - they tell people a lot of nonsense around PCPs, but as someone else pointed out, it did used to be the case that they didn't pursue excess mileage.

The Consumer Credit Act says there should be nothing more to pay if you VT and people have relied on this. However if they take you to court it'll be a small claim and the outcome from these cases can be quite random. I've seen a couple of cases mentioned in other forums recently - one won (didn't have to pay) and one lost (had to pay). IIRC the reason one was won (against Mercedes) was there was nothing in the contract about pro-rata mileage - which your contact seems to have covered.

[Gio G]

Kipys1 said:

Hi G,

Is the situation I’m in just now similar to what you have read/known of previously? Also, do you know if they can take the money from my account without me agreeing to it within the 30 days stated in the letter they sent me? Or is this just a scare tactic?

I do not believe they can take it from you. If you have VT'd, you would have cancelled your monthly direct debit.. You will receive multiple letters to pay, then it is factored out to a debt collection agency to chase down the debt..

G

[Kipys1]

Gio G said:

Kipys1 said:

Hi G,

Is the situation I’m in just now similar to what you have read/known of previously? Also, do you know if they can take the money from my account without me agreeing to it within the 30 days stated in the letter they sent me? Or is this just a scare tactic?

I do not believe they can take it from you. If you have VT'd, you would have cancelled your monthly direct debit.. You will receive multiple letters to pay, then it is factored out to a debt collection agency to chase down the debt..

G

That’s is what I am thinking, I have terminated the contract. Given that’s the case, I have terminated the contract, would they still have grounds to chase the debt up for a contract that no longer exists? Again, I am probably thinking from best case scenario for myself.

[Terminator X]

Don't pay it. They know that you don't need to pay it so will use every trick in the book to "frighten" you in to doing so.

TX.

PS the contract that you have with them, and have quoted, can not trump the law of the land hence the no need to pay thing.

[TJC46]

Kipys1 said:

The letter states that they will take the payment after 30 days if I haven’t paid it beforehand.

No not anyone from VWFS. I was in both Audi branches (Stirling and Glasgow) as I was looking for another car, I explained my situation and both members of staff said that VT’ing would be my best option and the i would not need to pay and extra mileage charge.

Do not know about the legalities of paying or not, but you say you went into 2 Audi dealers. They have absolutely nothing to do with VWFS so what they

told you is bullhit.

Plenty of advice for and against, but at the end of the day, it is your decision, but remember, It states in your contract that you have to pay excess mileage if

you terminate early.

[Kipys1]

Terminator X said:

Don't pay it. They know that you don't need to pay it so will use every trick in the book to "frighten" you in to doing so.

TX.

PS the contract that you have with them, and have quoted, can not trump the law of the land hence the no need to pay thing.

I have read a few cases on forums where people haven’t paid the excess charge and the finance company haven’t come back to them. I have to say I cannot remember reading any that have not paid the charge and it has been taken any further than a letter.