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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice
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VT'd my Mercedes in March this year after paying 50% of the

Resolved Question:

VT'd my Mercedes in March this year after paying 50% of the agreement, I had exceeded the agreed miles by 20,000. The car was returned & accepted in good condition, the car was ugly serviced with MB. have received an invoice for £2.229.68, Do i have to pay.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Is it the correct amount when you work out miles over the agreement times the rate at which you agreed to pay?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
Have read many article on VT and my understanding is there is no excess milage chargeable
Expert:  Jo C. replied 1 year ago.

On what basis?

You accept exceeding the amount?

I presume it is in the agreement? Or not?

Customer: replied 1 year ago.
agreement was taken over 4 years, after 3 years (march 2016) I vt,d having paid 50%, Had options at 4 yrs to pay balance, or return the car. agreed on 15,000 mls per year, after 3 years had exceed by 20,000
Customer: replied 1 year ago.
I have read article on the Consumer act 1974 where it states you can't be charged excess milage provided you return the car in reasonable condition and have paid 50% of the loan
Expert:  Jo C. replied 1 year ago.

Does the agreement say that they can claim an excess mileage fee?

Customer: replied 1 year ago.
The car was in excellent condition, it has been fully checked and accepted by MB with no charges other than the excess miles, yes it does state excess miles will be charged at 9ppm plus vat
Expert:  Jo C. replied 1 year ago.

OK. 9p per mile?

Would the amount they are trying to charge be roughly the right amount?

Customer: replied 1 year ago.
correct
Expert:  Jo C. replied 1 year ago.

I am really sorry but you are overstating the merits of your position.

An excess mileage charge is perfectly lawful. Whether or not the vehicle is in good condition and has been regularly serviced, it has done more mileage than they reckoned for and that reduces it’s value. There is no way around it. Mileage is a factor.

It is always possible to challenge the amount and argue it doesn’t represent their loss and that therefore it is void under the unfair terms and contracts act. There are no guarantees that will succeed. 9 p per mile isn’t a ruinous rate.

Whether there is a voluntary termination or not makes no difference from that point of view I’m afraid.

If you were to bring a challenge they will probably agree to come down a bit but it is very unlikely that it would be entirely wiped I’m afraid.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
no - thank you for checking for me and the advise given.Many Thanks
Expert:  Jo C. replied 1 year ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.

Customer: replied 1 year ago.
no problem - thanks again
Expert:  Jo C. replied 1 year ago.

You are welcome.

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