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Contract Dispute - Car Finance / Excess Mileage - polik786

Hi, new here to the forum and hoping for some help for a sticky situation I've found myself in with regard to excess mileage costs.

I took a vehicle (BMW 4 series) out 4 years ago on a contract hire lease. I found the deal via an online quote from a car leasing company and we signed the agreement on lease amount and also the excess mileage charge at 5p/mile.

A week later, a further agreement was sent from the finance company who I made the vehicle payments to, and the excess mileage charge was 10p/mile. Now, this was completely overlooked by me at the time (only realised now) and lost under all the small print as I had always assumed it was the original 5p/mile. Had I noticed it at the time, I would have ensured it was brought to their attention and advised them this wasn't what was agreed.

Unfortunatley, I have gone over my excess mileage limit by a substantial amount. My lease has ended and am now facing a hefty bill in the thousands!

I feel the car leasing company are responsible and have broken their agreement here. Where do I stand with this? Help much appreciated!

Car Leasing Company Contract (this was signed first): ibb.co/mZnrJ8

Car Finance Contract: ibb.co/h5wFBT

Edited by polik786 on 20/05/2018 at 21:48

Contract Dispute - Car Finance / Excess Mileage - FP

"A week later, a further agreement was sent from the finance company who I made the vehicle payments to, and the excess mileage charge was 10p/mile."

Simple question: Did you sign this "further agreement"? If so, I don't think you have a leg to stand on.

I'm not saying you shouldn't raise this with the finance company, and complain about a change to the terms of the agreement which was not flagged up to you. It's shoddy, at least. But if they don't play ball, I don't think there's much you can do.

Contract Dispute - Car Finance / Excess Mileage - polik786

Yes I did sign both. As you mentioned, the change in price wasn't flagged to me.

I am dealing with two companies here: the car leasing company and the finance company. Is there a likelihood that the car leasing company can be made responsible as I did initially agree 5p/mile with them?

Contract Dispute - Car Finance / Excess Mileage - FP

"Is there a likelihood that the car leasing company can be made responsible as I did initially agree 5p/mile with them?"

Sorry - I don't know; I'm not a qualified lawyer. It strikes me you may need specialist advice on that, unless anyone else on the forum can help.

Edited by FP on 20/05/2018 at 23:23

Contract Dispute - Car Finance / Excess Mileage - lordwoody

You have already asked this question at a UK law forum where it was answered by members of the legal profession and those with an interest in the law.

The answer was that you were responsible for checking the revised contract before signing, therefore agreeing to it.


Contract Dispute - Car Finance / Excess Mileage - FP

I'm assuming that the key fact is the dates on the two contracts - the later one is the one that's current and valid, much like the situation if there are two wills. The later one supersedes the earlier one.

Contract Dispute - Car Finance / Excess Mileage - Avant

There's something odd here. I've never leased a car under this sort of contract (I've only done PCPs), but is it normal for the lessee to sign two separate contracts?

The later one would supersede the earlier if they were with the same company, but these appear to be with two different companies. Was this known to the lawyers who advised you on the other forum?

I wouldn't want to get your hopes up too much, but the courts can be sympathetic towards individuals dealing with large organisations if the latter haven't properly drawn terms and conditions to the attention of the former. Does the finance company contract make clear that it overrides any others?

Finally, are you sure that the first contract was actually a lease contract? What you've reproduces looks like simply a quotation - but you say that you then signed it.

Contract Dispute - Car Finance / Excess Mileage - Falkirk Bairn

How many miles over the 48K?

If it is a substantial amount then it's worth spending £100 on a 10 min appt for consumer/business advice.

Contract Dispute - Car Finance / Excess Mileage - lordwoody

Was this known to the lawyers who advised you on the other forum?

It was. One was with the leasing company, one with a finance company.

Contract Dispute - Car Finance / Excess Mileage - Avant

Lordwoody, do you know if it's normal to have two separate contracts in this situation? Even if it is, it surely can't be normal for them to say two different things.

Contract Dispute - Car Finance / Excess Mileage - polik786

Thanks for the responses.

So the first agreement/contract I signed was from the leasing company. This contained the price per mile and also the rental amount. This was the company who I agreed the deal with.

I then was sent a contract from the finance company (Alphabet) 2 weeks later and this stated the 10p/mile figure.

This was obviously overlooked by me at the time and I accept that but given my first signed agreement with leasing company and them not informing of change of price, can they be held liable?

Contract Dispute - Car Finance / Excess Mileage - concrete

Seems confusing but here goes; the car supplying dealer somehow agreed an excess mileage charge for you at 5p per mile. Then the finance company who actually own the vehicle sent you an agreement which charged excess miles at 10p per mile. What springs to mind is that the increase in mileage is a significant variation to the original agreement. In this case it should have been highlighted specifically for your attention as a significant variation and required a seperate signature as confirmation you are aware of this variation.

A small point which, legal minds may dismiss, but important enough to raise now to try to mitigate your costs, maybe they would reduce the cost for you. Also going over the agreed mileage is not unusual, but by how much is the key. A few thousand is not important but say 12K or more is a bit of p**s take. My current lease and that of a good friend include the provision to approach the finance company at the earliest point you realise you will exceed the agreed mileage, a new excess figue will then be agreed, usually slightly lower than the original figure if it is not too excessive. That is the position with Volvo and Jaguar anyway. I honestly think you are on poor ground to disput this. I would approach them reasonably with an offer to negotiate, although based on your ignorance and their lack of clarity, it may be you can reduce the cost by a worthwhile amount. Don't forget they still have a vehicle which is not as saleable as it was supposed to be. Good luck.

Concrete

Contract Dispute - Car Finance / Excess Mileage - leaseman

The "Leasing Company" who first sent you the Quotation is very obviously a Leasing Broker. They mislead you as to the true terms of the contract, which you subsequently signed with the Owners of the car (The Lessor).

They, the Broker, charged you a £199 fee for setting up the contract with the Lessor.

Your complaint is against that Broker, or, as you call it, the Leasing Company.

You have no case against the Lessor, or, as you call them, the Finance Comany.

You should write to the Broker, explaining the fraudulent method by which they procured the sale, and the fact that they were operating as your agent (They charged you £199 and so were acting on your behalf. Therefore it was their negligence that caused your current predicament) Lay it down, in no uncertyain terms, that you hold them responsible and that you will complain to the Financial Conduct Authority should they not satisfy your complaint to your satisfaction. That will make them sit up and act.

Job done! If they are still in business.

Contract Dispute - Car Finance / Excess Mileage - concrete

I fully understand what you say Leaseman and agree with you. I do have a problem though with the way this has been approached.

Has the OP deliberately plundered the mileage in the belief that it was only 5p per mile excess? If so that is a bit off. If he wanted a contract with 15K per annum instead of 10 K then he should have established that up front. At least as soon as he realised that he would exceed the original terms of the agreement.he should have contacted them and renegotiated.

I am no defender of large finance companies or their agents but they are left with a vehicle in a very different condition than they though they would have. It can't really have been done in total ignorance of the contract terms, no matter what the excess mileage charges are. I think there is a lot of muddle here and the original quote is misleading, but the finance company contract document is the real contract. Caveat Emptor as they say! I suspect that if an agent was involved they would dsecribe their original quote as a 'guide price'. Misleading or not the OP should have dealt with the finance company with a lot more care.

Cheers Concrete

Contract Dispute - Car Finance / Excess Mileage - leaseman

We are of exactly the same mind, Concrete. And. if I may say so, I respect your postings on all topics that I see where you have taken your valuable time to contribute. Thank you on behalf of this community.

Many Brokers will attempt to convince clients to underestimate their mileage in order to reduce the rentals and secure the sale. We do not know whether this was the case here as we are only furnished with a small part of the Quotation which led to the order being placed with them, and not the whole exchange.

It is indeed likely that the Excess Mileage charge on the Quotation was a manifest error on the part of the Broker, which, no doubt, they would plead if the case were taken further.

However, could it be that they used the lowered the excess charge to convince the OP to reduce their projected mileage and to sign the order? Unless he reverts with more information.... we will never know.

Caveat Emptor is one of the the rules of life, as you and I know. But most consumers only put their brain in gear after it's too late.......and end up on this Forum asking for help!

Keep up the good work Concrete and let's hope that the OP reveals more after asking for expert assistance...... assuming that he can separate the wheat from the chaff above!

Contract Dispute - Car Finance / Excess Mileage - concrete

Thank you for the compliments Leaseman. There are many on the forum whose contribution I find informative, interesting or sometimes very amusing too. Yours is amongst them. I must admit I had not considered the posibility that the broker would deliberately seek to reduce the lease payment with false information. It is inevitably going to be discovered. But hey ho. It takes all sorts. I bet the OP will be a bit more careful next time he leases a vehicle. Cheers Concrete

Contract Dispute - Car Finance / Excess Mileage - James2018

Noted on my lease (not PCP) when I signed up at the dealer.

25k miles per year. Excess 5p per mile plus VAT for an excess of 9,999 miles overall. Anything above that is 14.9p per mile plus VAT.

Plus, something along the lines of: Please call us if you are going to exceed the milege as soon as you know, because it is a cheaper to increase the monthly lease than it is to pay the excess.

I was doing about 23k per year but that has dropped to 20k per year (there just isn't the business around) and booked 25k to give me a bit of a buffer as it was only about £3 a month more.

I do note that they don't offer a refund if you come in significantly below the agreed mileage :-!

I wonder if that would come under the "un-fair contract rules"?

Contract Dispute - Car Finance / Excess Mileage - Bianconeri

Noted on my lease (not PCP) when I signed up at the dealer.

25k miles per year. Excess 5p per mile plus VAT for an excess of 9,999 miles overall. Anything above that is 14.9p per mile plus VAT.

Plus, something along the lines of: Please call us if you are going to exceed the milege as soon as you know, because it is a cheaper to increase the monthly lease than it is to pay the excess.

I was doing about 23k per year but that has dropped to 20k per year (there just isn't the business around) and booked 25k to give me a bit of a buffer as it was only about £3 a month more.

I do note that they don't offer a refund if you come in significantly below the agreed mileage :-!

I wonder if that would come under the "un-fair contract rules"?

Theoretically I suppose any ‘refund’ for reduced mileage is in any increase in equity arising from the vehicle’s value being higher than the MGFV, Given the way these things seem to work I’ll wager that rarely happens, from observation most PCP contracts seem to end with zero equity.
Contract Dispute - Car Finance / Excess Mileage - HGV ~ P Valentine

Hi

forget about the first agreement, since you signed the one that came after that it makes the previous agreemenn null and void, I would suggest you just cough up, we all do it, myself included but you are legally obliged by the small print on that agreement, and, the companies is not obliged to point out anything, it is down to you to read it all , and ask if you are not sure or do not understand, as I sadi we have all done ti , mysefl included.