Mercedes complaint - Successful VT but problems

[Thanos]

Thanks to the great work of the forum I've done a successful VT with Mercedes.

But....

at the beginning of the agreement they swapped the car over for a different one as the car the promised me wasn't the one they gave me (missing loads of options etc..). The result is the finance paperwork never got updated so my agreement was for the original car and I'm wondering if I could use this as another angle to avoid excess mileage as well as those offered on the forum? I've attached the latest letter from them and wonder if they are allowed just to swap over cars without issuing new documentation.


Any thoughts comments v much appreciated.

[Thanos]

My suggested reply to Mercedes Benz to do with the fact they swapped the vehicle but didn't update the agreement.....

Thank you for your letted dated 27 June 2016, the contents of which are noted. The total charge is disputed.

1) It is not acceptable just to say the dealer swapped over the car without updating the agreement.

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement for car reg XXXXXX as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 cheque, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


2) In the alternative, and in the event you are able to supply a CCA for car reg XXXXXX, MBFS UK has no legal basis to charge for excess mileage under a Voluntary Termination. If you wish to contend this point further please set out the legal basis on which you intend to rely.

3) In relation to the charge for the literature pack. The vehicle was not provided with a literature pack and this charge is disputed. If you wish to contend this this please provide evidence on which you intend to rely should this matter proceed to court.

4) In relation to the charge for the V5. I understand these were phased out by DVLA and replaced by the V5C. Can you confirm you are referring to the V5C and not V5? If so, as these are issued by DLVA, the dealership could not have provided me with one as you assert in your letter. Furthermore, I can confirm the DVLA never sent me a V5c document for the vehicle. This charge is disputed. If you wish to contend this this please provide evidence on which you intend to rely should this matter proceed to court.

[R0b]

Hi Thanos,

Sorry I've not picked up on this I will try and take a look later today if possible.

[Thanos]

Hi Rob, That would be awesome if you get chance - much appreciated - Thanos

[Thanos]

The DVLA have confirmed the vehicle was never registered in mine. So along with no agreement for the vehicle (only the previous one I returned and they swapped) I think they have no case?? - I might go for a full refund of payments made and see how they respond ??

[R0b]

Hi Thanos,

It really depends on what the terms and conditions of that agreement says and if there is anything specific about swapping vehicles. Out of curiosity, does the vehicle that you swapped cost more than you agreed under the HP agreement or does it cost less?

If the terms are silent on the switching of vehicles, then from your perspective there might be an argument to say that the HP agreement was terminated when the vehicle was returned to Mercedes. They should have really re-issued the paperwork with the new make and model of the vehicle alongside the registration number. It is arguable that failing to do so means that Mercedes are in breach of their obligations under the Consumer Credit Act 1974 (there is certain information they must supply) but more importantly for you, they cannot charge you excess mileage or other expenses because the previous agreement specifically referred to the previous vehicle that was returned (and assuming there is no clause on switching vehicles).

Your arguments are more of a technical one in relation to the law of contract. By analogy, in the Supreme Court case of Durkin v DSG Retail Limited, Mr Durkin returned his laptop which was purchased on hire-purchase arrangement, his reasons were that it was not fit for purpose. In that case the Supreme Court had held that by rejecting the goods and therefore rescinding the sales agreement, it could also be implied that the hire-purchase agreement would also be rescinded.

So in your case, by returning the original Mercedes vehicle because it was not fit for purpose in that certain things were missing that you were told were included, the hire-purchase agreement is terminated. You can't have a contract that says you agree to pay X amount for a 1.6 Mercedes vehicle under registration number X and then apply that to another Mercedes vehicle if it has a different registration number and perhaps a different make or model.

Hope that helps

[Thanos]

Hi Rob,

The original car was meant to be a new SLK - I was given a car with 9k miles on and damage on the front bumper. But as mentioned the agreement never got updated when the car was finally swapped. I've asked Mercedes to provide the statement of my account but they haven't - over 3 weeks now. Interestingly no follow up on the charges for excess mileage.

I'm considering writing to them asking for all the interest back on the agreement and they didn't have any agreement in place to charge me interest. I don't see how they could defend this as they don't have any enforceable contract?