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Hi everyone, this is my first post (it's a long one, sorry) and would be really grateful for any help I could get.
About 3 years ago I purchased a new car through Mercedes finance, it was a 24 month deal with a balloon payment at the end. I paid all 24 payments on time and agreed to hand the car back at the end instead of paying the balloon.
During this time I moved house, I actually telephoned Mercedes at the time to inform them of this. Mercedes instructed BCA Logistics to collect the car from me at my works address at the end of the agreement on 16th August 2017.
They came and collected the car and I asked if there was anything to pay (charges/fees etc) to the man that collected the car. He told me that they would be in touch if there was.
I never gave it a second thought (bare in mind as far as I was concerned Mercedes had my address, telephone number, email, and my works address at this time)
Anyway, months and months went by and i totally forgot all about it as I’d never heard anything from either Mercedes or BCA. During this time I actually bought 2 new cars on finance from another dealer.
By chance, late on 23/06/18 I searched my credit report online to find I had a CCJ registered at my previous address on it. I was shocked by this and had no idea what it could possibly be for, I had to wait until the weekend was over to find out.
On 25/06/2018 I made a telephone call to the Claimant solicitors (Mortimer Clarke) to find out what the CCJ was for. I was told that it was from Mercedes Benz finance and that they were no longer dealing with the case. I then rang Mercedes Benz Finance and they said that they couldn’t speak to me as the case was still with their solicitors, Mortimer Clarke.
After a few more phone calls I felt like i was being passed from pillar to post with nobody seeming to know anything about it or taking any responsibility for it so I decided to seek legal advice.
I spoke to a solicitor, after emailing over consent to act on my behalf, he then went away and tried himself to get in contact with whoever he could to try and invite the Mercedes to consent to set aside the judgment due to the fact that I never knew anything about it
The Claimant turned down my request saying that they had never been told about my change of address. I found this forum and decided to submit my application to the courts to set my CCJ aside myself. I successfully did that and have a court date coming up on the 11th September.
Since finding out about this claim I have been extremely distressed. I am a family man with a wife and 2 kids, we had planned on borrowing money to extend our house to accommodate another child.
I am now worried sick that this judgement, which i deem to be totally unjust and unfair will prevent us from doing so and will have a catastrophic effect on my family's lives.
As far as I am aware my credit history has been perfect and I have never missed a payment on anything for over 5 years. I have a mortgage, 2 cars, credit card, 2 mobile telephone contracts, and a computer all on credit and every single payment is paid on time. My plan is to provide proof via bank statements and my credit history to the courts
I feel my impeccable credit history and the fact that I have not lived at the address the judgement is registered at in nearly 18 months is proof that I had no idea about this claim. Had I have known
I would have dealt with it immediately.
Yesterday I received a letter which is what I believe to be Mercedes defence in the case that is obviously being sent to court. In it it says that they aren’t sending a representative to the court and believe that I have no way of winning the case. Because of the letter I have only just found out what the claim is actually for, they have been chasing me for excess mileage charges on the car. To be honest I hadn’t even realised I owed them for that.
Anyway, if I do I will pay it no problem. I am just looking for your advice or even some assurance I suppose. Do I have any chance of winning this case or not?
About 3 years ago I purchased a new car through Mercedes finance, it was a 24 month deal with a balloon payment at the end. I paid all 24 payments on time and agreed to hand the car back at the end instead of paying the balloon.
During this time I moved house, I actually telephoned Mercedes at the time to inform them of this. Mercedes instructed BCA Logistics to collect the car from me at my works address at the end of the agreement on 16th August 2017.
They came and collected the car and I asked if there was anything to pay (charges/fees etc) to the man that collected the car. He told me that they would be in touch if there was.
I never gave it a second thought (bare in mind as far as I was concerned Mercedes had my address, telephone number, email, and my works address at this time)
Anyway, months and months went by and i totally forgot all about it as I’d never heard anything from either Mercedes or BCA. During this time I actually bought 2 new cars on finance from another dealer.
By chance, late on 23/06/18 I searched my credit report online to find I had a CCJ registered at my previous address on it. I was shocked by this and had no idea what it could possibly be for, I had to wait until the weekend was over to find out.
On 25/06/2018 I made a telephone call to the Claimant solicitors (Mortimer Clarke) to find out what the CCJ was for. I was told that it was from Mercedes Benz finance and that they were no longer dealing with the case. I then rang Mercedes Benz Finance and they said that they couldn’t speak to me as the case was still with their solicitors, Mortimer Clarke.
After a few more phone calls I felt like i was being passed from pillar to post with nobody seeming to know anything about it or taking any responsibility for it so I decided to seek legal advice.
I spoke to a solicitor, after emailing over consent to act on my behalf, he then went away and tried himself to get in contact with whoever he could to try and invite the Mercedes to consent to set aside the judgment due to the fact that I never knew anything about it
The Claimant turned down my request saying that they had never been told about my change of address. I found this forum and decided to submit my application to the courts to set my CCJ aside myself. I successfully did that and have a court date coming up on the 11th September.
Since finding out about this claim I have been extremely distressed. I am a family man with a wife and 2 kids, we had planned on borrowing money to extend our house to accommodate another child.
I am now worried sick that this judgement, which i deem to be totally unjust and unfair will prevent us from doing so and will have a catastrophic effect on my family's lives.
As far as I am aware my credit history has been perfect and I have never missed a payment on anything for over 5 years. I have a mortgage, 2 cars, credit card, 2 mobile telephone contracts, and a computer all on credit and every single payment is paid on time. My plan is to provide proof via bank statements and my credit history to the courts
I feel my impeccable credit history and the fact that I have not lived at the address the judgement is registered at in nearly 18 months is proof that I had no idea about this claim. Had I have known
I would have dealt with it immediately.
Yesterday I received a letter which is what I believe to be Mercedes defence in the case that is obviously being sent to court. In it it says that they aren’t sending a representative to the court and believe that I have no way of winning the case. Because of the letter I have only just found out what the claim is actually for, they have been chasing me for excess mileage charges on the car. To be honest I hadn’t even realised I owed them for that.
Anyway, if I do I will pay it no problem. I am just looking for your advice or even some assurance I suppose. Do I have any chance of winning this case or not?
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