MBFS settlement advice

[BIGANDYT]

Hi there, I'll try and keep it short but looking for some advice.

in April I voluntarily terminated my agreement with MBFS.
they asked me to pay £2400 in excess mileage charges.
I opened a complaint with them as i followed advice on here.
I also beleive I was missold as I was doing around 15000 miles a year on the car I traded in to buy the Mercedes and told him I wasn't comfortable setting the mileage at 12000, the salesman told me mileage wouldn't apply if I Vted or traded in.
anyway the 2400 was based on 10000 a year and during the investigation they found they had made a mistake and it should have been 12000 so they recalculated the figure.
With a bit of back and forth they agreed that if I paid they would reduce by 25% as a good will gesture. That brought it down to £1200.
I do feel I have a strong case, as my ex boss was sat with me during the sales discussions and is happy to provide a statement to corroborate the events and what was said.
However we had a baby due Nov 2018 and I just didn't /don't have it in me to fight it in court.
So I agreed to pay, this was around July.
The last Email I got was "thanks I'll have the defleet department call you, what's the best number"
I replied with my number and never got a call.

in December I got a letter just reminding me that I needed to pay the original £2400, so I phoned MBFS and discussed, they said they weren't aware and I gave them the details of the chap I was dealing with and offered to forward them the email chain. They said they would investigate and call me back in two weeks.
I had to do a lot of chasing just to get them to pick the car up, I'm sick of doing it, and I said I wouldn't be chasing them to take my money.

I've still heard nothing. Its nearly a year since i VTed!

So my question is, do I chase them, sit on it? Any advice would really be appreciated. I dont want bailiffs turning up & I've put the money aside for when they call.

Andy

[BIGANDYT]

Hey all would really appreciate a steer on whether i should chase mbfs to take my money or just hold off and wait for them to call me.

[Amethyst]

R0b
Have they put anything on your credit file over this ?
Bailiffs won't just turn up, MBFS would have to take you to court for non payment first, so just ensure you keep them updated with any address change so they can't decide to issue a court claim at the wrong address etc.
Personally ( and ignore me wait for R0b ) I'd put in writing what was agreed and when ( on a letter, signed for post, rather than an email ) and reiterate that you are just waiting for them to send you payment details... just so that if they do play silly buggers with your credit file you have it formally that any delay is their fault and not yours.

[R0b]

I don't see any reason to chase MBFS on this. It is up to them to take the next step, unless of course your credit file has been affected then you might want to consider the reverse.

As Amethyst has said, make sure to keep your details up to date at all times, credit ref. agencies, DVLA, electoral roll etc. just in case they decide to make a claim against you. It would also be sensible to give MBFS notice of your new address, or you could say to MBFS that any correspondence that is sent out must be done by email and give an email address that way you can monitor what is and isn't sent. If they ignore your instructions, that is on them and liability for any costs etc. falls at their step

If you really wanted to chase them you could send a letter to MBFS and say, as you've not heard from them in over 12 months, you consider the matter to be closed. That could prompt them into kicking up old dirt again but that's the price of contacting them.

[BIGANDYT]

rob Amethyst thanks for the replies, credit file is still fine, I've been tracking it and nothing has changed.

Will double check the details you list, but I've been here for 3 years and no plans to move, so should all be good.

They sent me a letter in December asking for payment of the £2400 and i phoned them straight away as it wasn't the £1200 that was calculated on the correct mileage and including the 25% reduction. At that point i made sure they had all my details, the chap said he would go away and investigate as they didn't have a record of that agreement, he said he needed 2 weeks. I told him i wasn't going to chase but happy to send the full email correspondence if need be and I've not heard anything since.

There is a slight development, I suspected what might have happened was that the chap i was dealing with might have left the company, so I sent a mail from another account the other day just saying "hi hows it going" and I got a bounce back email saying it doesn't exist. I suspect he forgot to pass my details over to their fleet department before he left and now his email accounts closed down so they don't have access. I'm guessing they are in restore from backup territory. Does that change anything do you think?

As you say if their next step is to take me to court, I'll wait for them to get in contact for a few months, moneys sitting there in savings, not been in this position before and with a 3 month old baby last thing i want is bailiffs turning up scaring the family.

Really appreciate your help and advice.

Andy