Nolans solicitors on behalf of Mercedes Benz UK

[Juniormcg23]

Good morning and Happy Friday! I am seeking some advice please on behalf of my wife,

background: She previously had a Mercedes Benz on PCP for 4 years, all payments were made and the vehicle was returned at the end of the term (slightly later due to COVID season) but this was agreed by MB.

A while later my wife received a letter from MB for additional mileage out with the agreed term and damage to the vehicle (kerbed alloy wheels etc) nothing which we thought was out with wear & tear for a 4+-year-old family car. my wife disputed this and I am led to believe nothing ever came of this.

Fast forward to the present day - she has now received a letter from Nolans Solicitors (Glasgow) we're based in Scotland I should also mention, they threatened to take the claim to court if payment wasn't made (£3,467) We disregarded this assuming they were bluffing, low and behold yesterday she received the court papers.

I have read back through previous threads on here and from what I have read they are a notorious firm who use underhand tactics etc and prey on people paying up to save any hassle when in fact they often do not have a leg to stand on.

Am I correct in thinking the first steps would be to send a CCA & SAR to MB UK and also to Nolans?

From reading their response to the "background of the claim" there are a couple of errors.

1. Being it wasn't a hire purchase agreement it was a PCP agreement
2. The agreed annual mileage wasn't 1,000 per annum it was 10,000

I am confident that we can argue the claim for additional damage (£1,382) as wear & tear or at least have this figure reduced
and again the claim for additional mileage charge (£1,737) because of the outbreak of the pandemic they weren't accepting vehicles etc due to the circumstances at the time.

Anyway, that's the long and short of it and any help on what to do next would be very much appreciated.

[echat11]

Hi Junior

Welcome to LB

It's good to see you are acting quickly.

The guidance here might not apply to Scotland, all though somethings might be relevant.

https://www.citizensadvice.org.uk/sc...ple-procedure/

https://www.scotcourts.gov.uk/taking-action/simple-procedure (halfway down).

[R0b]

Hi, not familiar with Scottish civil claims but are you able to upload the claim document so we can see what Nolan's have submitted on behalf of Mercedes? Make sure any personal information has been redacted.

Just as an FYI, a PCP agreement is a hire purchase agreement, it is just one type of hire purchase so Nolans are correct.

the claim for additional mileage charge (£1,737) because of the outbreak of the pandemic they weren't accepting vehicles etc due to the circumstances at the time.

Don't think that is a defence if I understand you correctly. On the agreement terminates, you lose the right to possession of the vehicle and the use of it also without the consent of Mercedes. Just because your wife couldn't return the vehicle (though the Consumer Credit Act only requires her to make it available to collect) does not mean she can continue to make use of it and she does so at her own risk. So on the face of it, I can understand why Mercedes would want to claim excess mileage charges.

However, it is up to Mercedes to prove the mileage was incurred after termination rather than before. Knowing Mercedes they argue that the mileage accrued immediately before the termination. They tried that in the County Court in England and failed on that point, because the judge had said that the excess mileage charges crystallised on triggering the termination right not before.

CCA can be sent if you like but not sure if it's worth it and the SAR might be relevant anyway though not necessary useful to your defence.

Just on a separate note, I'm sure your wife will learn her lesson but it is never wise to disregard letters from law firms and over in England, Mercedes continue to use law firms to threaten excess mileage charges and go to court but usually a well robust response letter tends to make them go away without proceedings being issued, something your wife could have done and possibly she would not be at the stage she is now, which is putting the decision in the hands of the court - never a good idea because you just don't know how it will turn out.