Am I being reasonable?
Discussion
I bought a 330d three years ago on a three year lease - this expired about 4 weeks ago. A few facts:
1) I had done 20,000 miles less than predicted in the contract;
2) Was thinking of buying a new 5 Series and was told by the BMW rep they'd be very happy to offer me the full calculated price - car in very good condition.
3) As it happens chose to buy a Jag instead;
4) When BMW pick up my car I've had it valetted and have given them ample space to inspect it;
5) The inspector tells me it's in excellent condition and everything's fine and dandy;
Anyway, BMW have now said I owe them £220 because there are some scratches on the alloys (they charge £55 per wheel). I've said that they're being unreasonable and I that I dispute their request. They're saying: 'read the small print matey' - or words to that effect - in that it was my choice to return it with less mileage. Needless-to-say, if I'd have returned it with more miles they would have (rightly) billed me for this. My view is that UK law is based on the word 'reasonable' and that, in my view they are being unreasonable and I'm being reasonable. Though I know such a view is subjective not objective. As such, was curious what the PH collective view is.
1) I had done 20,000 miles less than predicted in the contract;
2) Was thinking of buying a new 5 Series and was told by the BMW rep they'd be very happy to offer me the full calculated price - car in very good condition.
3) As it happens chose to buy a Jag instead;
4) When BMW pick up my car I've had it valetted and have given them ample space to inspect it;
5) The inspector tells me it's in excellent condition and everything's fine and dandy;
Anyway, BMW have now said I owe them £220 because there are some scratches on the alloys (they charge £55 per wheel). I've said that they're being unreasonable and I that I dispute their request. They're saying: 'read the small print matey' - or words to that effect - in that it was my choice to return it with less mileage. Needless-to-say, if I'd have returned it with more miles they would have (rightly) billed me for this. My view is that UK law is based on the word 'reasonable' and that, in my view they are being unreasonable and I'm being reasonable. Though I know such a view is subjective not objective. As such, was curious what the PH collective view is.
I don't think they're being reasonable at all. The lower mileage will far outweigh anything they spend on the wheel refurb. It sounds like they've already done well out of this.
A full wheel refurb is part of the dealer prep anyway isn't it? The cost of which is passed on to the next owner.
A full wheel refurb is part of the dealer prep anyway isn't it? The cost of which is passed on to the next owner.
Berw said:
Just out of interest ,there is absolutly no requirment in UK law to be 'reasonable', you get what you agree regardless of how unreasonable it is. Now in some jurisdictions, (like Holland), there is a requirment to be resonable.
...unfair contract terms act 1977?That said, I think the op is going to have to accept the charges. Mileage if under limit is irrelevant.
If the damage is outside the BVRLA guidelines (<25mm scuffs acceptable) then it has to be paid for. There is a copy of the BVRLA guidelines on the BMW website somewhere (see page 10 of the pdf).
If not they are trying it on, and I agree that what goes on the collection report should be the end of it - but isn't (your paperwork will say that a further inspection is done elsewhere).
You have the right to ask to inspect any damage that was not noted on the collection form.
The mileage is just a win for them, you have to try to estimate you milage accurately and weigh it up against the excess mileage charges should you go over.
If not they are trying it on, and I agree that what goes on the collection report should be the end of it - but isn't (your paperwork will say that a further inspection is done elsewhere).
You have the right to ask to inspect any damage that was not noted on the collection form.
The mileage is just a win for them, you have to try to estimate you milage accurately and weigh it up against the excess mileage charges should you go over.
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