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Ok, so I've read their letter and it's standard template bumpf churned out by Mortimer Clarke. I think a nice robust letter pointing out the issues with their allegations and views will either stop them in their tracks or, if MBFS do issue a claim, then your response will help you form the basis of your defence should you choose to defend it.
It seems like their letter makes 3 points to support the claim that excess mileage charges are due and payable:
1. Clause 12.1 allows them to recover the excess mileage
2. Section 99(2) of the CCA 1974
3. Section 100(4) failure to take reasonable care.
As a starting point, there is a template letter for excess mileage charges in the VT Guide that if I recall address most if not all of the above points. You can use that as a guide in your response but I wouldn't recommend simply doing a complete copy and paste job albeit about 3/4 of the content is probably transferable.
It might be helpful in your response to deal with each of the 3 points in separate headings with reference to the MBFS case in the template letter. Mortimer Clarke will be aware of that decision because they were acting for Mercedes in that case.
Some other points to note:
If you want feedback on your letter then post up a draft copy and will take a look at it.
It seems like their letter makes 3 points to support the claim that excess mileage charges are due and payable:
1. Clause 12.1 allows them to recover the excess mileage
2. Section 99(2) of the CCA 1974
3. Section 100(4) failure to take reasonable care.
As a starting point, there is a template letter for excess mileage charges in the VT Guide that if I recall address most if not all of the above points. You can use that as a guide in your response but I wouldn't recommend simply doing a complete copy and paste job albeit about 3/4 of the content is probably transferable.
It might be helpful in your response to deal with each of the 3 points in separate headings with reference to the MBFS case in the template letter. Mortimer Clarke will be aware of that decision because they were acting for Mercedes in that case.
Some other points to note:
- With regards to arguments around Section 100(4) you can use some of the reference in this post where it discusses the case Jarvis v Moy Davies Smith Vandervell & Co.
- The White v Jones reference will also be useful to include for Section 100(4)
- At the end of the letter invite them to close the account down and confirm the same or, if they insist on commencing legal action then you will defend the claim and seek to rely on the authorities you've referred.
If you want feedback on your letter then post up a draft copy and will take a look at it.
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