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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11150
Experience:  30 years as a practising solicitor.
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I am attempting to Voluntarily Terminate a PCP agreement

Customer Question

Hi. I am attempting to Voluntarily Terminate a PCP agreement on a car. The finance company have indicated they intend to charge for excess mileage under the Common Law of Misrepresentation, but I don't believe this to be enforceable. Any advice would be much appreciated. Thanks.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Can you explain your situation a little more and let me know precisely what the position is as regards ***** ***** issue and the content of any correspondence you have had.
Customer: replied 1 year ago.
I have indicated to the finance company that I would like to VT my PCP agreement. They have given me the payment required to reach the 50% Total Amount Payable, but have said that due to our agreement, they will charge for any excess mileage over and above the contracted 5000 per year. At this point the mileage (as per agreement) should be ~ 11,000, but there is actually 27,500 on the vehicle at the moment.I have attached the chain of emails to the finance company, along with my initial letter, and what I intended to say in response to the last email. I am unsure if my understanding of the law in question is correct, so I was looking for some advice.Thank you.
Customer: replied 1 year ago.
I would also like to note that I believed the mileage allowance on the agreement to be 10,000 per annum, but I recently discovered it was 5000. I don't believe this was made abundantly clear when negotiating the deal.
Expert:  JGM replied 1 year ago.
Thanks, I've read all of this. What does the agreement you have say about mileage? You say it says 10000 and they say 5000. If someone misrepresents something that the other party relies on when entering into a contract then an action for damages for misrepresentation is competent (if the party has suffered loss) but there has to be evidence of misrepresentation and so far that is lacking in what I have seen.
Customer: replied 1 year ago.
The agreement actually says 5000 miles, but both myself and my fiancée were under the impression that we agreed to 10,000.However, my issue specifically relates to paying an excess mileage charge, in that the agreement (as all others I believe) says "You have the right to return the vehicle, and if you have paid 50% of the total amount payable, and have taken reasonably good care of the vehicle, there will be nothing left to pay".I read this as it is written, and as such, I don't believe I should be paying an excess mileage charge, as the mileage is irrelevant in respect of "reasonable care".
Expert:  JGM replied 1 year ago.
Any claim by the owner has to be based on an argument that by exceeding the contractual mileage you haven't taken reasonable care of the vehicle. They would have to establish that by way of a comparative valuation of the vehicle I would imagine although a look through Westlaw shows up no cases on all fours with yours and nothing which says that mileage is irrelevant in respect of reasonable care. You might want to have a look at section 132 (1)(b)of the Act which allows you to go to court for an order that you have no further obligation under the Act. I'll continue to look for any cases that might assist you and I will let you know if I find anything. As regards ***** ***** again they would have to establish loss with reference to the value of the vehicle.