Peugeot Finance VT

[Blue Moon]

Hi

I have read with interest the posts around VT and an earlier Peugeot VT.

 

 

I have done the same thing reached the point where legally I have handed the vehicle back having met the % criteria.

 

 

It states quite clearly on the HP agreement -

You have the right to end this agreement.

To do so, you should write to our Customer Services Department at Quadrant House,

Princess Way, Redhill, Surrey, RH1 1QA.

 

 

We will then be entitled to the return of the goods and to half of the total amount payable under this agreement, that is £7,082.56

. If you have already paid at least this amount plus any overdue instalments

and have taken reasonable care of the goods, you will not have to pay any more

 

Correct me if I am wrong but it states nothing more to pay.

 

 

I have received an email that states that I am in "Default"

and must now pay them excess mileage which amounts to £1,400

and damage in excess of "Industry standard wear and tear" amounting to £600.

 

 

Surely this is covered by Nothing More to Pay.

 

 

Please advise

[dx100uk]

most companies try it on when consumers invoke VT

they get mixed up with VS etc.

 

 

is there an excess milage clause in the agreement?

 

 

and as for the wear'n'tear you need them to detail what exactly they are claiming

is now outside 'whos' description of it being excessive.

 

 

 

 

how old is the car [and was it new when you got it?]

and what damage are they moaning about?

dx

[Blue Moon]

Hi

 

 

Thanks for reply. Yes, there is an excess mileage clause

 

 

They have detailed the so called wear and tear and it amounts to no more than paint chippings, which would normally occur

 

The car was brand new when bought and less than 3 years old

[dx100uk]

I wouldn't worry about the paint chips they cant argue on that I bet.

 

 

so have you exceeded the mileage etc

and does the T&C confirm you have?

 

 

dx

[Blue Moon]

Sorry for delay.....work got in the way

 

 

Yes the mileage has been exceeded and the T&C confirms that

[theoldrouge]

The wear and tear is a try on

 

You agreed the excess mileage in your contract, so really you could only argue that the clause is unfair under UTCCR 1999

[theoldrouge]

Unfair Terms

 

5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

 

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

 

(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.

 

(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.

 

(5) Schedule 2 to these Regulations contains an indicative and non-exhaustive list of the terms which may be regarded as unfair.

[theoldrouge]

May help if we can see the original agreement

[Blue Moon]

Very interesting reply

 

 

Ironically, in relation to the mileage at the time of purchase we specifically stated we wanted 10,000 miles per year. However, the agreement and it's my fault for not checking only showed 6,000 miles which I would never had agreed to.

[Blue Moon]

Old Rouge - I have sent you a PM

[theoldrouge]

Your best option imo would be to use that argument as a basis for negotiation as regards the excess mileage

 

Make no offers as regards the wear and tear, finance co hate vts, that aspect is a battle of wills

[theoldrouge]

To post up docs on CAG click the upload guide

[Blue Moon]

Agreement uploaded

[theoldrouge]

Yes mileage is separate clause,which by signing you agreed to so only option is to negotiate as above

[Blue Moon]

Thank you for clarification on this worrying matter