Not upheld: excess mileage charges and mileage amendment procedure complaint against Hyundai Capital UK Limited (trading as Hyundai Finance Contract Hire)

Decision detail

Summary

Mr A complained about excess mileage charges of £403.66 imposed by Hyundai for exceeding his contracted 60,000-mile allowance by 4,485 miles. He claimed a faulty battery supplied with the car disrupted his usage and that Hyundai failed to process a mileage amendment request due to procedural failures and poor communication. Hyundai maintained the charge was applied in accordance with the agreement terms and that the amendment could not be processed without signed documentation. The ombudsman upheld Hyundai's position, finding the firm acted reasonably in requiring signed consent and that the battery issue did not justify waiving the charge.

The Ombudsman's reasoning

The ombudsman found that Hyundai was entitled to charge for excess mileage under the agreement terms. The failure to return signed documentation meant the amendment was not accepted, and it was reasonable for Hyundai not to implement the change. While more proactive communication may have been helpful, this did not amount to unfairness given the clear instructions provided. The alleged battery fault would not ordinarily cause a vehicle to accrue more miles and was not reported at the time, so it did not justify waiving the charge.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website