On September 2, 2010, I returned my leased 2007 Infinity FX35 to the dealership. The vehicle was in near-perfect condition, therefore, no charges were assessed for excessive wear. I even purchased 4 new tires for this vehicle 9 months before the lease-end date.
During the lease period, we never missed a single payment, nor were any of our payments ever submitted late.
Shortly after returning this vehicle, I was notified (in writing) that I had exceeded the allotted mileage. I subsequently contacted the business manager at Infinity North Shore (Sadiqa Issa), at which time I provided the handwritten contract I signed upon negotiating the lease agreement. The document clearly stated the terms of the lease (39 months/39, 000 miles). Since the "executive driven" vehicle was delivered with 4, 759 miles back in 2007, I could legally accumulate up to 43, 759 under the terms of my lease agreement. This vehicle was returned with well under 43, 000 miles.
I was subsequently advised (by Sadiqa Issa) that the actual leasing agent (Infinity Financial) rejected the terms as originally written, now changing the term to 10, 000 miles per year.
The only problem with this defense is the simple fact that, no one at Infinity North Shore gave me verbal, or written notification that the written terms as originally agreed upon had been modified. Sadiqa Issa went on to advise me that the sales manager who drafted the written contract (which I still have in my possession) no longer works at Infinity North Shore.
It should be noted that, the salesperson who I purchased the vehicle from (Peter Dane) is in fact still employed at this dealership, and while he did not personally negotiate the terms of the financing, he would in fact have direct knowledge of the transaction.
On November 16, 2010, I received a letter from Infinity Financial Services (dated November 9, 2010), indicating that I was obligated to pay an additional payment of $831.83 on my lease (due to excessive mileage).
For the reasons stated above (and because I have a signed lease agreement which clearly outlines the conditions under which I agreed to lease this vehicle), I do not agree with the assessment of mileage fees. However, in order to protect my hard-earned credit history from being tarnished by a erroneous adverse report from Infinity Financial Services, I paid the additional fee under protest.
I will continue to seek legal remedy until this matter is reviewed and properly resolved.
Thank you in advance for any assistance in resolving this dispute.
I recently received a letter from Infinity Financial Services (dated November 9, 2010), indicating that I was obligated to pay an additional payment of $831.83 due to excessive mileage. Although I STRONGLY disagree with the assessed charges, I elected to make the additional payment under protest, in order to protect my credit score from being adversely impacted due to an erroneous report from Infinity Financial Services.