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Gordon Keeble

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  1. I am currently doing battle with MB Finance, I received a bill for a car I handed back. I am being asked to pay for damages which are stone chips and are allowable under the agreement and for an excess mileage charge. I am really not happy about the mileage charge as I made my requirement very clear when I purchased the car and that I wanted a total of 60k miles for the contract (which was listed in the contract as 20k pa). I checked the contract which stated the correct mileage amount per year and I went to the trouble of reading the contract before signing it. Before we decided to hand the car back we checked wether we were within our mileage and MB finance confirmed that we were. When I hand the car back, they are trying to charge me for excess mileage because they have calculated the milage on pro rata basis as the agreement runs for x years and y months. There is a clause in the contract which is ambiguous which states 'calculated using the Annual Distance stated in this agreement for each year or part of year between the start date and the date of return.' Does this mean that part of a year is actually a whole year so 2 years 9 months is actually 3 years for the purposes of the calculation or is it 2 years 9 months? I am very upset about this as the annual mileage is stated on the front page and this clause sits on the last page and there is no total mileage stated for the agreement (which would have resolved this matter). I feel very strongly about this as I am not happy about being accused of breaching a contract when I believe I have done everything correctly and to the best of my ability.
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