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Being chased for Excess mileage

TCE home 2021 Forums Car finance Being chased for Excess mileage

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    • #143466
      Damien
      Guest

      Hi guys,

      Sorry if I have posted this in the wrong thread. I have tried hard to find a thread that covers this but struggled.

      I had a car on HP with Vospers via RCI finance which came to and end at the beginning of this year. I decided to voluntarily terminate the agreement a month before the end as I wasn’t using the car due to excess mileage. There was no damage on the car which was great so the only bill should have been for the excess mileage however the amount owed was worked out pro-rata and it worked out that the total bill was more than the exceeded mileage cost. This wasn’t ideal, but I couldn’t afford the bill anyway.

      My question is about their lack of communication as I will document below:

      I spoke with the finance company on the phone the day I received the invoice and stated that I disputed the amount and couldn’t afford it. I was promised a call back from a team leader either the same day or the day after however I never received the call.

      I then received a bog-standard letter from the finance company stating that the amount was outstanding and I had to pay it etc. I wrote a letter back stating that they had ignored my request of a call back, that I disputed the amount and that I was not prepared to settle the balance until I had spoken with a manager/team leader to confirm the total owed. I also complained about the way in which I had been treated. I did not receive a reply to this letter, so I wrote them a letter stating that they had defaulted on the 8 week deadline for replying to the complaint and I had considered the matter closed. I also stated that I did not want them to cause me any further stress by contacting me.

      Today, I received the below letter from QDR Solicitors.

      I am not panicking and I have had a good read through, but I am just wondering if anybody who has had a similar experience can best advise me. They have been dishonest about their several attempts to contact me too. They sent me 1 letter to which I replied and defaulted on contacting me.

      Thanks guys

      ——————————————————-

      Private and Confidential Mr ***** ********
      X XXXXXXXXX XXXX
      XXXXXXX XXXXXX
      XXXX XXX

      09/10/2018

      Dear Mr ****** ********
      Our Reference: ***************
      Our Client: RCI Financial Services Limited
      Client Reference: 00000000000
      Balance Outstanding: £522.61

      We have been instructed to act for the above named client in connection with the recovery of the outstanding balance.

      Our Client made several attempts in the past to contact you in order to resolve this matter directly and unfortunately was unsuccessful. Therefore, our Client has instructed us to collect the above balance.

      Our Client requires you to make payment in full or alternatively submit your repayment proposals within the next 14 days. Failure to make payment may result in our Client instructing us to proceed with further action in order to recover the outstanding balance.

      You can call us on 01926 758736 to pay by debit or credit card on our Automated Card Payment System; this is the simplest and quickest method of payment.

      Our offices are open between the hours of 9.00am and 6.00pm Monday to Thursday and 9.00am and 5.30pm on Friday. Our alternative payment methods are below:

      Cheque/ Postal Order: please post to QDR Solicitors, Olympus Avenue, Leamington Spa, CV34 6BF

      Online: https://www.paymentsplace.com/qdr

      We appreciate that managing your finances can be difficult, free independent advice and assistance can be obtained from the following organisations:

      Money Advice Service National Debtline
      0300 500 5000 0808 808 4000
      http://www.moneyadviceservice.org.uk/en http://www.nationaldebtline.co.uk

      Yours sincerely
      QDR Solicitors

      My question is do I have any rights? Is there some kind of time-period of which I can expect a response etc? I do not want any red letters as I have no debt and want to keep it that way but at the same time I am unimpressed with the way they are dealing with me.

      Thanks for your help

    • #143503
      Damien
      Guest

      I should further add that I have this morning found ‘Rob’s Templates’ which has two letters to respond to finance companies chasing excess mileage.

      In the letters received from RCI Financial Services, there has been no mention of any acts of sections etc, they have just requested the £522.61 for excess mileage however they have made it clear that there is no damage or other bills with £0.00 in all other boxes.

      I’m just wondering if I should respond to the solicitor letter, or if I should just simply ignore it?

      Thanks in advance
      Damien

    • #143559
      Stuart Masson
      Moderator

      Hi Damien. Have a read of our guide to voluntary termination which covers excess mileage and the arguments about whether it can be enforced.

      Since you have already engaged with the finance company over the issue and stated that you dispute their numbers and their handling of the matter, you may have indicated your acceptance of the charges.

      I suggest you visit legalbeagles.info for some free legal advice on VT – they deal with it a lot – but you may need to get some specific professional legal advice given that you’re now at the point of getting letters from lawyers.

    • #143564
      Damien
      Guest

      Hi Stuart,

      Thank you very much for your reply.

      Since my initial post, I have found that guide which is very interesting.

      It is worth noting that my reply letter was to complain about them failing to call me back as promised and to dispute the amount but I have not accepted the charges.

      According to the latest letter (the one above) they are claiming that I have failed to respond, so I am contemplating sending them a letter (using content from the helpful template), but I am wondering whether it is best to ignore the letter in the first instance?

      It is worth adding that they did not post this letter to me. It came in the way of a link in a text message! I actually thought it was spam, but went along with it, and the above letter downloaded to my phone via a PDF document.

      I have had a good read of pretty much everything on legalbeagles and the templates and its pretty much unanimous that they will not take me to court over this amount of money and I should fight, I just want to know whether I respond or ignore at this point?

      Thanks

      • #143866
        Stuart Masson
        Moderator

        We’re not lawyers so can’t advise you how you should continue to engage (or not) with the finance company. You can post a question on Legal Beagles, but your best bet is to speak to a lawyer directly and present them with all the relevant paperwork.

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