PCP term dispute

The consumer’s issue:

“I bought this vehicle on a Personal Contract Purchase (PCP), and I was promised that when it comes to exchanging this vehicle for another one at the end of the PCP, I would not be made liable for going over the 6,000 miles per year limit as put in place by the finance company. However, after I returned the vehicle to the business, I received a letter in the post advising me of the balance to pay on the agreement. I would therefore like the business to pay this money to the finance company as they told me I could go over the 6,000 miles.”

The accredited business’ response:

  • The customer signed the finance agreement on the collection of the vehicle. It clearly states in the default charges section that if the mileage limit was exceeded, a charge would be added.
  • The system automatically states 12,000 miles on the agreement as the limit, but this was changed to 6,000 miles at the customer’s request.
  • The consumer clearly accepted this as they signed the document.

The adjudication outcome:

  • The Motor Ombudsman adjudicator didn’t uphold the customer’s complaint as there was no evidence to contravene the term put in place in the finance agreement for the annual mileage cap.