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VT Mercedes PCP

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  • VT Mercedes PCP

    Okay so I wrote to Mercedes using the std VT format letter on here I am one payment over the 50% point , I sent a letter recorded and tracked and also sent it by e-mail on Friday as soon as I saw it had been received online , I called them today as I had received no reply or acknowledgement as requested in my letter and e-mail .They verbally acknowledged receipt of the e-mail but insisted that as I hadn't Physically signed the letter but sent as an e-mail they wouldn't accept it , I pointed out the signed hard copy was delivered and signed for last week before the e-mail was sent and my-mail was merely an electronic copy of the hard copy sent ( and physical signed for by them I have the signature from royal mail ) , after 15mins wait they then accepted verbally that it was recieved but insisted I have to fill out their paperwork , I pointed out this was not legally the case and the contract is terminated despite their own protestations that I have to wait until i have their paperwork and terms and conditions , I stood my ground and they eventually said they would get the collection agent to call me within 48hours of todays conversation, to arrange a collection date , I have had no call today so far , I have sent an e-mail thanking them for the verbal acknowledgment of receipt of both my VT letter and e-mail, highlighting and confirming their promise to contact me within 48 hours to arrange collection .
    The vehicle is under the Milage allowance by some way even on pro-rata basis (33k for 33 months 45K for 36months agreement ) so they cant claim excess milage , It has been serviced under a monthly agreement and I have all service copies printed out , V5 , keys, wheel locking nuts and photographs taken and date stamped already I will take a few more on the day of collection as well with the agent present . There are a few marks on the alloys and a broken cup holder otherwise the body work is better than average condition , Im hoping the rest will go smoothly . I am hoping I am on the right track with this ? but if anyone thinks I have missed anything please say, otherwise Id be grateful of the re-assuarnce that Im on the he correct track so far.
    Last edited by Mazza1; 22nd January 2018, 21:39:PM. Reason: Im Rubbish at proof reading !
    Tags: None

  • #2
    Hello Mazza1

    Take a look at the link below which might assist you if you haven't already

    http://legalbeagles.info/forums/foru...on-your-rights
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      Originally posted by R0b View Post
      Hello Mazza1

      Take a look at the link below which might assist you if you haven't already

      http://legalbeagles.info/forums/foru...on-your-rights
      Thanks Rob I've read everything I can and most of the post on here so I think Ive done it right so far but it is always more stressful when its your self rather than someone else , and just wondering if I missed anything so far

      Comment


      • #4
        Originally posted by Mazza1 View Post

        Thanks Rob I've read everything I can and most of the post on here so I think Ive done it right so far but it is always more stressful when its your self rather than someone else , and just wondering if I missed anything so far
        Hi Rob had a call from the collecting agent quite forceful on the phone they read out a statement saying all call are recorded and stated that I am bound by Mercedes return standards and I Stated in the call that I don't except this and though I am happy to be present when they collect the vehicle on Monday I will not sign any paperwork that implies I am excepting such conditions , I am happy to sign and agree an inspection report on the condition and I have already and will take more images on the day . Am I correct that I am not under legal obligation to sign a collection form with terms and conditions or should I sign assuming I agree with the inspection but add that I do not agree to be bound by the terms ad conditions stated on the form and then take picture /images of the form to prove I have not agreed to them. They were very forceful on the phone , The car is in very good condition 12 k under the milage allowance and has had two panels resprayed as they did have damage on them which I would have said was unreasonable so I had them properly done 3-4 weeks ago along with new tyres on the rear etc , There are some very very small marks but no dings scratched or dents to any external panels , just a small dent on the sill on the driver door from seat belt pin getting caught and a broken cupholder , Im not unreasonable and would prob except a reasonable claim on those Though I think the car is in more than reasonable condition overall , If they say the inspection is fine and all clear would you sign it anyway ?
        Last edited by Mazza1; 23rd January 2018, 20:34:PM. Reason: Rubbish at proof Reading !

        Comment


        • #5
          Hi Mazza,

          Whatever Mercedes say is irrelevant, you are bound to take reasonable care of the car. If Mercedes have a policy which incorporates a higher standard than just reasonable care, it is deemed to be void and unenforceable. You are correct in that there is no legal requirement to sign any paperwork and I would caution against doing so as it could cause you more trouble than its worth.

          When they come to collect the car, some agents can be intimidating and threatening to impose cancellation charges on you or they may refuse to take the car away if you don't sign their paperwork. Personally I opt for the latter and explain to them that I am quite happy for them to refuse to collect the car but I will also inform Mercedes of this and threaten to sell the car in the next 14 days if they don't arrange collection (there is a template in the templates section as an example) without further liability. If you are not comfortable with that position then you could perhaps sign the paperwork but also write on there that yo dispute the charges in full or list the charges disputed - and make sure to take a copy or a photo of the paperwork before you hand it back over. If the agent uses a PDA then that is more difficult and there may not be an option to say you dispute the charges.

          When I last VT'd my car I informed the agent that I do not wish to sign any of his paperwork and he was fine with it but others take a different stance and can be quite aggressive. You might wish to have a witness present too in case of any problems and can back up your story.
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          LEGAL DISCLAIMER
          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

          Comment


          • #6
            Originally posted by R0b View Post
            Hi Mazza,

            Whatever Mercedes say is irrelevant, you are bound to take reasonable care of the car. If Mercedes have a policy which incorporates a higher standard than just reasonable care, it is deemed to be void and unenforceable. You are correct in that there is no legal requirement to sign any paperwork and I would caution against doing so as it could cause you more trouble than its worth.

            When they come to collect the car, some agents can be intimidating and threatening to impose cancellation charges on you or they may refuse to take the car away if you don't sign their paperwork. Personally I opt for the latter and explain to them that I am quite happy for them to refuse to collect the car but I will also inform Mercedes of this and threaten to sell the car in the next 14 days if they don't arrange collection (there is a template in the templates section as an example) without further liability. If you are not comfortable with that position then you could perhaps sign the paperwork but also write on there that yo dispute the charges in full or list the charges disputed - and make sure to take a copy or a photo of the paperwork before you hand it back over. If the agent uses a PDA then that is more difficult and there may not be an option to say you dispute the charges.

            When I last VT'd my car I informed the agent that I do not wish to sign any of his paperwork and he was fine with it but others take a different stance and can be quite aggressive. You might wish to have a witness present too in case of any problems and can back up your story.
            Hi Rob not sure if this is usual they have booked to come at 8.30 Monday to inspect the car and a driver allegedly collects the car later in the day not sure if this is usually the way they work ? BCA are the firm collecting .

            Comment


            • #7
              How did it go?

              The guy who inspected mine looked specifically for trapped seatbelt damage to the door sill as apparently it's hard to repair so hurts the value quite a bit.

              Mine had none, thankfully.

              Comment


              • #8
                They listed on the report as no Damage so I will contest anything that they try it on with after the fact they know I Took loads of Images myself so I’m not expecting a battle but I will see what happens

                Comment

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