Another VT with Motonovo

[Polska1979]

Hi all

 

I'm new here, but have been reading some of the posts with a lot of interest recently.

Hopefully you guys can help with my predicament

 

I'm now over the 50% term of my agreement and as such would like to excercise my right to VT my BMW.

 

When I made the call to Motonovo they advised that there were certain stipulations to doing so.

 

Which were detailed in the terms and conditions.

 

These were

 

- Did I have 2 keys - Yes

- Did I have full Service History/MOT/v5 - Yes

- What was my current mileage - 94,000

 

At this point he mentioned the excess mileage charge of 15p per mile for anything over 12k per year.

 

I bought the car at 44k miles and over the last 2.5 years have personally clocked up another 50k.

So, this results in a charge of £3000 for 20k of excess mileage.

 

At this point I stated that at no point was i presented with the terms and conditions

and could he show me that I had signed.

He then stated that actually I had and pointed me to the small print of the terms and conditions.

 

damn, I had signed them...

 

4.4 - you acknowledge that on entering into this credit agreement we have anticipated that the mileage will not exceed 12k miles per year

 

4.5 - you agree that you shall not drive the ca rfor more than 12,000 miles per year,

if you do drive the vehicle for more than 12,000 miles per year

and the agreement terminates before the expiry of the agreement in accordance with clause 5

and this results in the vehicle being worth less than we anticipated should the 12k miles per year we will incur a loss

and you will recompense us (at the rate set out in clause 5.1.5)

 

5.1.5 - pay us n amount of 15p per mile in excess of 12k miles per year

 

so, I know I've signed, and should have read these at the time.

But am I stuck between a rock and a hard place now?

 

I have read the CCA trumps the T&C's but how can I present this to them over the telephone or in writing?

 

I certainly cant afford a £3000 bill, nor offer any ralistic gesture of goodwill..

..25% would still be £750!

 

Any advice anyone can provide would be greatly appreciated.....stressed to say the least!

 

many thanks

[dx100uk]

if you do drive the vehicle for more than 12,000 miles per year

and this results in the vehicle being worth less than we anticipated

 

prove them wrong

take the max mileage you could have done

 

get a price on the vehicle from the net

 

do the same for your mileage.

 

as I read it

 

the T&C's say IF and we anticipate.

 

dx

[Kris.]

When did you sign the agreement as under the Consumer Credit Act you have a 14 day cooling off period in which you have the right to withdraw from the agreement as if you never signed any paper work.

[dx100uk]

I would assume:

 

over the last 2.5 years as per post 1

 

 

dx

[Kris.]

I would assume:

 

over the last 2.5 years as per post 1

 

 

dx

 

 

You can ignore me not reading the post properly it's been a long 36 hours

[dx100uk]

 

dx