Mercedes Benz Finance Voluntary Termination issues

[Pootanga]

Hi on a similar theme as https://legalbeagles.info/forums/for...s-benz-finance I would also like some advice.

My issue is also in relation to MBFS. I VT'd my MB which was on a 4year PCP finance option. I had paid over 50% of the finance so MBFS honored my request.

Unfortunately after several requests by email to start the VT process and several phone calls I did end up signing the VT request form sent to me.

Eventually after 4 weeks of waiting the car was collected by BCA. The BCA agent recorded several pieces of damage on his tablet but at the end of the process I refused to sign for the damage as I saw this as reasonable wear and tear for a 3 1/2 year old vehicle.

The BCA agent said I would get a copy of the full report within 2 weeks. I heard nothing, and totally forgot about the whole episode of my old car until the beginning of December when I received an invoice from MBFS for £25 for the replacement of the V5 form. I ignored this request as I had taken photographs of all the documentation that was sent back with the car of which the V5 was one of the documents.

On 5rd January 2019 I received a letter from MBFS stating that " further to previous correspondence, we are yet to receive payment of £1400 in respect of end of contract charges. Your balance is overdue and further action is currently pending unless payment is made"

Please could you advise, my initial thought process is write to gain clarity on what the £1400 charge is made up of as I have not received any notification by post or email.

Your support would be gratefully appreciated

regards

[Amethyst]

Indeed, I would write to them disputing any monies are owed and requesting a full breakdown of the charge, and tell them you have received no previous correspondence from them.

I'd also send a Subject Access Request to them separately - > Subject Access Request Letter

When did you send the VT notification originally ? ( just as you mentioned you didn't hear until December but don't say when you actually VT'd so it could be 2 months or 4 years later we're talking about )

[Pootanga]

Hi Amethyst my initial email to MBFS to exercise my right to VT was 28th July 2018.

Thank you for your support

Regards

[Pootanga]

Indeed, I would write to them disputing any monies are owed and requesting a full breakdown of the charge, and tell them you have received no previous correspondence from them.

I'd also send a Subject Access Request to them separately - > Subject Access Request Letter

When did you send the VT notification originally ? ( just as you mentioned you didn't hear until December but don't say when you actually VT'd so it could be 2 months or 4 years later we're talking about )

Hi Amethyst

As previously advised I sent a letter to MBF disputing the end of contract charges and a separate request for a Subject Access Request.

I received the Subject Access Request information on 20/01/2019 followed by a letter from a MBF De-Fleet Manager on 25/02/2019, enclosed was the Vehicle Condition Report dated (02/10/2018) highlighting the alleged damage, the invoice ( which I had not previously received) and a credit note for the V5. My previous post stated that I had received an invoice for £25, this was actually a credit note.

On 2/02/2019 I received a letter from dlc, stating they are a debt collection agency and have instructed by MBF to collect the balance outstanding. the letter ends " failure to respond could result in recommendation being made to our client to proceed with legal action."

The invoice includes £257 for excess mileage and £945 for damage.

I have a number of issues with the BCA Damage Report

1. I did not sign for any damage when the vehicle was collected

2. I was told by the BCA agent that I would receive a full report including photographs of the damage within 2 weeks, I have not received any correspondence BCA

3. The report states the ignition key was incomplete, this is untrue both keys were complete and in working order.

4. Front tyre replacement due to tread depth of 1.5mm, I have no proof of this

5. Gouge to Alloys

To summarize


Could you please advise how I should proceed

Thank you for your support

Regards

[Amethyst]

I'll tag R0b for you xx Did you take any photos of the vehicle before VT'ing ?

[R0b]

Hi Pootanga,

I've recently added some supplementary information to the end of the VT Guide around refurbishment charges. I don't consider the BVRLA Fair Wear and Tear Standard to be appropriate for assessing damage. MBFS will argue that the right to use the BVRLA Standard is set out in the contract but for the reasons I mentioned in the VT guide, that's not always going to be appropriate.

Have a read of the points I made and then I would suggest you use what you've gained already to write a response. Happy to look over anything if you post up a draft letter.

Certainly taking photos of all angles is going to be helpful because a lot of the time the images used tend to be really close up which are not likely to be noticed by the naked eye standing at a reasonable distance.

VT Guide Link

[Pootanga]

I'll tag R0b for you xx Did you take any photos of the vehicle before VT'ing ?

Hi Amethyst

thank you for your reply, I took photographs of the documents but not the vehicle unfortunately.

regards

Pootanga

[Pootanga]

Hi Rob / Amethyst

All went quite with my case until 14/05/2019 when I received a letter from dlc requesting payment of £1123.54, 3 days later I received another letter from them requesting payment for £567.19 same reference number on both requests. The latter indicated that should I not pay, their typical approach would be to instruct Mortimer Clarke solicitors to issue a claim for the amount due. Rightly or not I ignored these requests as the language was could and may etc.

I received a letter from Mortimer Clark dated July 2019. (Please see attached with personal information removed). Enclosed with the letter is a document asking various questions regarding the alleged debt. The document asks if any need further information. This is where my issue is.
I requested a Subject Access Request as advised which they sent most of the detail but didn't provide the report that was generated by the BCA collection agent of on the day of the collection. I refused to sign this report but the agent said I would receive a copy within 10 days. I never did receive this document. I made 2 attempts to get this document from MBF but didn’t receive it, all they sent me a document and photographs taken 5 weeks later, the car appeared to be at one of their compounds. From mid-February onward I didn’t hear anything until June from dlc.
My question is do I request further documentation from MC referencing the BCA report on the day of the collection. MBF are requesting money for damage that wasn’t there on the day of the collection.
In addition I checked the BVRLA against the damage that was on the car such as scuffed alloy and this fits in to the acceptable category.
I also have one more question if you could please advise. Does MBF have right to forward my personal details on to 3^rd parties without my permission. At the point of passing on this information it had not been established if there was a debt and that I wouldn’t pay. I requested information which they didn’t provide

Thank you for your support in this matter and I look forward to your reply

Regards

Pootanga

[R0b]

Can you supply the additional document? It's not clear whether Mortimer Clarke have complied with the Pre-action protocols for debt claims.

Yes MBF have a right to forward your details if there is a legitimate interest, collecting an alleged debt is one of those legitimate interests.

[Pootanga]

Hi Rob

Thank you for your prompt reply. Please see attached PDF of the additional form requesting information. I have also snipped the back page of the original letter that i uploaded on yesterdays post

Thank you for your support and I look forward to hearing from you

Regards

[R0b]

So, what do you want to do?

Are you prepared to defend it right through to court or do you want to pay up?

[Pootanga]

Hi Rob

Thank you for your reply

Do you believe their is sufficient grounds to defend my biggest issue is i didn't receive the report from the BCA collection agent, 5 weeks later they took photographs and wrote a report. Some of the damage has been done during that time they can not prove the condition of the car when it was collected from my premises.
In your opinion what does the letter from MC indicate? to continue on to court proceeding?

Regards

[R0b]

Well if you read the letter it says that if payment isn't made then they are instructed to commence legal proceedings, I think that makes it clear what the intentions are don't you think? So you have to assume the worst and that's what they'll do.

Excess mileage charges should be relatively easy to dispel since there is now some supporting evidence by a County Court decision confirming they aren't recoverable, for a number of reasons. Both Mercedes and MC will be fully aware of that case because they were the claimant and MC I believe were the acting solicitors at the time.

As for the damage, there is an obligation under the pre-action protocols that you can request documents from Mercedes so you should use that to request the report from them if it supports your case - I assume however you also took photos at the time - If you didn't then that's a big boo boo on your part. They need to provide you with that or if they can't explain their reasons. If they choose to ignore you then you can use that against them as non-compliance.

However, you could argue that the photographs on the report given to you was some 5 weeks after collection and so was not representative of the vehicles condition at the time hence you need the original report. Mercedes refusal to give you the original report on collection could be argued as an inference that the report is likely to prove or at least show damage that wasn't there and/or was within reasonable condition given the age of the car.

If the car is second hand, the onus of proof is on Mercedes to show the damage was caused whilst in your possession but if you took it on brand new, then you argue that the BVRLA is not suitable because it doesn't take into account the age of the car when deciding whether damages is reasonable or not. So if the BVRLA guidance says no more than 35mm scratches, it's unfair to apply that same criteria to a 4 year old car than you would with a much newer one. Hence, the CAP conditions are more appropriate as they properly take accoutn for the vehicle's age.

Things for you to consider:

1. The court process from commencement to the hearing can take between 6-8 months or longer. If you were able to set aside £100 from now you could still have your day in court and if you lose, you've got the funds to cover it. You don't automatically get a CCJ on your record, you have one month from the date of judgment to pay it off.

2. Court deadlines are strict and you need to adhere to them unless there are exceptional circumstances - the courts will not wait for you.

3. You need to factor in your time and effort in defending the claim. The more you put into it, the better your defence and preparations are going to be and there's plenty of people on here who say they just didn't have time and so they ended up losing. That's unfortunate but you only get out what you put in. We can assist you in the drafting of your documents but ultimately its you that has to prepare, collate, file and attend the hearing.

4. Even if MC issue proceedings, there is always scope for negotiation all the way up to the date of the hearing, even if your defence is robust. Equally, Mercedes might decide to either drop the claim up at the last minute or they could even suggest a settlement on a lower amount. Ultimately that's the risk and this is why it's your decision to make as we can't do that for you.

Overall you've probably got a reasonable prospect of defending all of the charges alleged if at the very least a discount on some of that.

The clock is ticking

[Pootanga]

Hi Rob thank you for your reply very much appreciated. unfortunately the only photos i took was of the documents and the Keys m( which they claim were damaged does the lack photographic evidence sway the outcome towards MB?

Thanks

[R0b]

Potentially, but it comes down to that report on the day of collection and whether it differs from the one carried out 5 weeks later.

Like I said, you have some options without having to capitulate straight away, but that's up to you. Nobody can guarantee a win in court but the stronger the evidence, the better chances you have of winning.

You also have to remember that businesses know that the majority of consumers get frightened and scared when legal proceedings are issued so they end up agreeing to pay the full amount. When they come up against someone who has a decent argument, that can always change the landscape.