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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11152
Experience:  30 years as a practising solicitor.
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I have vt my 51/2year 57000miles old car to the hp Company,

Resolved Question:

I have vt my 51/2year 57000miles old car to the hp Company, However they sent auction inspectors out and have reported i'm over my mileage by 7769 and noted stone chips and 2 dent repairs and have noted a cost of £2700+vat. I have kept my vehicle in immaculate condition, serviced, repairs and mot'd to guidelines and valeted often. Please advise? Thanks Pat.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
HP and lease companies try to make money out of this. If you are over your contract mileage then there isn't a lot you can do about that. However as regards ***** ***** the vehicle you can get an independent report and estimate and compare it with the costs that they have tried to often try to charge for what is reasonable wear and tear and you have to object to that. But you need to take photos and get a report and any other evidence before they take the car away.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.
The answer you gave is pretty much what I've found on forums except .. They say I should'nt be charged excess mileage due to the wording in the agreement.
Expert:  JGM replied 1 year ago.
what does the relevant wording say?
Customer: replied 1 year ago.
When I bought the car the saleman didn't mention about a restriction on mileage if I VT the car halfway through the term. Also the person involved in selling me the car resigned eight weeks approx afterwards before an internal audit with regard to fraud ? Can I use this towards fighting a case ? The finance has been mis-sold?
Expert:  JGM replied 1 year ago.
What the salesman says isn't usually relevant. You would have to establish what fraud he perpetrated on you. That would have to be more that sales talk as there will be a condition in the paperwork that the paperwork is relevant and representations which are verbal aren't. So if there was no restriction on mileage mentioned but if it is in the paperwork you may have some difficulty in arguing that point although I happy to hear your specific argument on that and also your specific reasons for saying the finance was missold.
Customer: replied 1 year ago.
I was basically told the monthly repayments and that pretty much was it ... I had to pursue them for copy of finance which was 3 pages stating monthly about, half and thirds within - nothing stating any mileage condition etc .. The finance company are talking about the terms and conditions - I was there given any!
Expert:  JGM replied 1 year ago.
But did you sign the paperwork at the beginning? If you didn't sign and didn't get a copy that is one thing. If you did sign and didn't get the paperwork until afterwards that is another. However, I think you probably have enough to argue the position with the finance company: 1. Salesman not there and resigned owing to fraud allegations.2. Paperwork not given to you nor explained to you at the time. All of this depends on the evidence available in support of your position.
Customer: replied 1 year ago.
I signed paperwork with the
Amounts /payments each month and that was it... Nothing explained and nothing about mileage or I wouldn't agree - going straight from home to work alone would've been nearly 9000 a year not taking into account school runs and activities.
Expert:  JGM replied 1 year ago.
I would have an attempt at defending this on that basis.
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