Mercedes Benz - Refused to Accept my Voluntary Termination Email

[RYates.]

Hi,

I sent notification of my VT request to Mercedes Benz - draft taken from this website.

i rang up a few days after issuance of the email, to which the customer services agent acknowledged my request, read me T&C's, confirmed issuance of letter containing their VT pack. i sent an email saying that i had give notice and that i wasnt obligated to sign and therefore wouldnt be doing so.

A few weeks later, i received a missed payment letter through the post (i obviously cancelled my DD a few days after the phone call). I called MB and they said that they could not accept my VT request without me signing their VT pack. I refused and explained as to why i wasnt obligated to do so. the person then back tracked and said that i should print off my email sign it and resend - only then could they accept my VT request, but that i would still be eligible to pay the missed payment.

I refused and confirmed that this is not a stipulation with the CCA 1974, written notice (including emails) was accpetable, he said that the signature had to be verified to ensure that i was whom i said i was, etc......like i said he kept back tracking.

He said that this would stay on the system as a missed payment, collection of the vehicle could not happen until i signed. He then told me i would have to raise this as a comlaint within a different department, could take weeks, escallation of the missed payment would persist - they will not budge on the matter.

Can you advise me on how i should proceed?

thanks.

[R0b]

Hello

You should look to put in a complaint immediately, and I would also seek compensation because of the way in which this was handled and how matters have been aggravated by Mercedes for failing to accept your notice of VT by email.

Did you get the name of the person you had spoken to, and also have you made a note of the date and time you spoke to that person? Even if the complaint escalates they would be wise not to report any adverse entries to your credit report as then they would become liable for breach of data protection and negligence.

The signature does not need to be verified and "notice" is defined under the CCA as "in writing". The definition does not state that the notice must be signed in writing, but that notice must be in writing. So an email sent to Mercedes of your intention to VT is sufficient to satisfy the "in writing" requirement. In any event, simply putting your full name at the end of the email can count as a signature under the Electronic Communications Act 2000.

Send a formal complaint to Mercedes and keep everything in writing from now on wherever possible, even if they ask you to contact them. If you want feedback on your draft post it up and I'll add any comment.

I would also be inclined to make a subject access request for the call at the time so you have evidence of what was said.

[RYates.]

Hi Rob,

Thanks for your response, apologies for my tardy reply iv'e been working offshore with limited internet access.

I had sent an email to MB Customer Services detailing the inaccurate information given to me over the phone, and requested based on your details above that they reconsider their position and organize collection of the vehicle, etc.

Following on from that email, i have also sent a complaint letter requesting that this matter be reviewed and the decision reversed soonest.

Last Friday, i received an email from Mercedes requesting that i call them. I have not received email receipt from the issued emails and no physical responses.

I would like to thank you for your above response, this is just what i needed. However, i am very busy at the moment travelling with work and so this is extremely inconvenient - the car is sat on a family members drive, and i do need this collected asap.

You have cited above that i should seek compensation, in what form would this look like? Have you come across this sort of shenanigans before?

Your help is much apprceiated.

[RYates.]

I have just received the below response from Mercedes.

Any further advise on how to proceed would be more than appreciated....... at this rate if I leave this another week I’m going to be eligible to pay upwards of £1300, in there words missed payments.


....................................

Hi Good Afternoon,

Apologies that you feel you have been treated unfairly, you are correct that you do not need to sign our document, however we do require a signature to state you wish to go ahead with the voluntary termination, it can be on a document that you write yourself, but a document without a signature does not provide any evidence of it being written by yourself as the account holder.

I understand you do not feel that you have to give us a signature at all, but again we would be unable to terminate the agreement without one and the contract would remain live.

We hope this can be resolved as soon as is convenient for you.

Thank you for your enquiry, if you have any further queries please do not hesitate to contact us.

Kind Regards

[R0b]

Unfortunately MB have no legal right to refuse the termination as it is unilateral. The question is whether you are capable of being identified as wanting to terminate so if you are using monkey123456 as your email address then of course they could have concerns as to who is terminating the agreement. But if your email is your first name and last name and you wish to terminate and that matches with what you gave them originally, then there is no reason why they should accept that, though I understand why they are not processing it.

Anyway if you want to avoid the hassle send them a signed document but as the law says, you only need to give notice in writing. You could even sign your email by freehand if its possible (using your mouse) that would equate to a signature but then they might reject it saying its not the same as the one yo unsigned.

Your choice and if you really don't want to sign it, then stick to your guns.

MB are just being awkward and there is no legal requirement to sign your document.

[MissKX]

Hi, I’m sorry I’m jumping on this thread but I’ve never posted before and I am in need of some advise. I have recently emailed MB to request A VT and have received an email back to say they require me to sign a termination pack. I refused and stated I did not need to and they requested I send a signed letter. I sent a signed letter stating I was Terminating the contract and have since received an email back saying g the following ...

Good Afternoon,

Thank you for your email with the signed documents.

I have passed these to our admin team and they will have the agreement updated for you. Once you have paid the shortfall our collection agents, BCA, will be in touch to arrange collection of the vehicle with you.
Many thanks


So I have a 3 year contact with MB finance that’s due to expire in December. I have there for paid over the 50% repayments and have never missed a payment. Am I liable to
pay what they are asking? My understanding is that I don’t have to pay anything? Hope
someone can help!

Thanks K

[ostell]

Could you start your own thread about this so that details do not get mixed up and confused.