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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I purchased a car with Skoda finance via VW finance on HPP

Resolved Question:

I purchased a car with Skoda finance via VW finance on HPP plan in 2010. In May 2013 had the option to return, exchange or buy the car. We bought the car and at the time asked if any further monies were owed. Was told no. In June 2013 I sold the car to 'We But Any Car'. As part of selling this they also had to confirm there was no money owed on the car, so whilst there they also called Skoda finance to confirm this and were informed that no further money was owed, so I sold them the car. A few months after this I started getting letters from Skoda to say we owed £250 but no explanation for what. Cut to now after several phone calls asking why and in the end recovered delivery letters asking why. They now say it's for excess milage not calculated at the time. Do I have to pay this?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Did you get anything in writing for them to tell you you owed nothing on the car?

Customer: No. I didn't
taratill :

Ok so you didn't need to demonstrate to We Buy Any Car that there was no outstanding finance?

Customer: However I assumed that as they have confirmed nothing further is owed to 'We Buy Any Car' that this was evidence in itself. Otherwise surely what they are doing is illegal
Customer: No. They phoned Skoda finance whilst I was there
Customer: Skoda had to confirm my security details to allow them to speak to we buy any car
taratill :

Ok thanks. What has the Financial ombudsman said about this?

Customer: Nothing. Couldn't help as its legal advice I require
Customer: Passed me back to CAB
taratill :

ok, do you have any written contract with Skoda which tells you that you may be liable to make a payment for excess mileage?

Customer: With also a website to get solicitors
Customer: As part of my HPP plan yes.
Customer: But since I purchased the car surely that ends the contract
taratill :

Have Skoda threatened to take you to court?

Customer: Not yet. Last letter with cost states" we would appreciate receiving payment within the next 14 days"
taratill :

In order to bring a claim against you they have to show that they are contractually entitled to clawback this money. On the basis of what you say, in particular that they told WBAC that you did not owe any money and based upon that representation you ended the contract, they will struggle to do so. It is not unusual for dealers to send threatening letters. You can either completely ignore them or ask them on what legal basis they are entitled to this sum in the circumstances. You can say that if they do claim you will vigourously defend the claim.

Customer: Ok. I must say having just looked at it again with calmer eyes, they are saying that because this is a fixed cost maintenance contract. It appears to be separate to the HPP plan. Would that make a difference seeing as it's the same company although different depts?
taratill :

It is doubtful, to be honest it seems like a try on. Did you sign a separate fixed cost maintenance contract?

Customer: It seems so now looking at it
taratill :

I think this is a way of trying to get around the HP point. Without seeing the contract it is difficult to say.

Customer: Hmm. Just wondering if it matters seeing as I bought the car anyway and nothing was fixed during the excess mileage period
taratill :

If it should have been fixed in the duration of the HP plan then it is their fault if they did not do it at the correct time and they cannot retrospectively charge you.

Customer: yep
Customer: Ok. Don't think we can go any further. I will write to them again restating previous points and asking under what legal basis they have
taratill :

Well good luck with it. I would not pay as I am sure it is a try on. Please do take the time to rate my answer and come back to me in the future if you need to.

Customer: Thanks Jenny. Will do
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