Copy of transcipt of Mercedes-Benz Financial Services (UK) Limited v Cahalane

[Dan_1127]

Hi all,

Is a copy of the transcript for the Mercedes-Benz Financial Services (UK) Limited v Cahalane (Willesden County Court, 26 February 2018) available to view or download?

Recently VT'd my SEAT Leon and replied to the excess mileage charges using a modified version of the "2018.11.11 Response to Finance Co. Disputing Excess Mileage Charges" template.

VW finance have responded saying they cannot find any record of the case, therefore excess mileage charges still apply! Having read through the forum before writing this post I can see numerous examples of people referencing this case in their arguments. I'm pretty certain VW finance know exactly what case I'm referring to!

Any help much appreciated,

Dan

[Huxie]

It’s included in the FCA Complaint Pack attached to this post:

https://legalbeagles.info/forums/for...58#post1443458

[Dan_1127]

Excellent, thank you.

Apparently VWFS have spoken to Mercedes Finance about the this case and to quote "Mercedes Finance has no record of this case"..!!

VWFS are arguing that the mileage clause in the contract conforms to the CCA and so subsequently they can charge excess mileage on a pro-rata basis when a car is VT'd.

[R0b]

Just VWFS and Mercedes pleading ignorance, of course MBFS are fully aware of the case because since that case was won, I believe they have stopped issuing proceedings or the number of proceedings have dropped somewhat.

Would be interested to see VWFS' reply and see whether they continue to maintain that the excess mileage conforms with the CCA.

[Dan_1127]

Hi Rob,

Thanks for picking this up. Surprise, surprise VWFS have indeed rejected my complaint as they believe their contract conforms to the CCA (see attached).

I spoke to a very pleasant lady, stated my case and even suggested that I send them a copy of the transcript from the Mercedes-Benz case to "further enlighten" their legal team! However they said it wouldn't make any difference!

So, what would you suggest is the next best course of action?

Try one more time with a letter to VWFS or, as they suggest, take the complaint further with the Financial Ombudsmen Service?

[R0b]

Standard template letter and same arguments raised by Mercedes and got shot down. If you want to play ping pong with VWFS its up to you, you will be wasting your time especially that the person you spoke to has already told you it won't make a difference.

Take it to the Ombudsman, they are currently reviewing the Mercedes court case and hopefully find in favour of the consumer.

[Dan_1127]

Thanks again Rob. Financial Ombudsmen Service it is..

[TDC55]

Thanks again Rob. Financial Ombudsmen Service it is..

I am currently at this stage... I have just had a letter dated 1 day post "Final Response" telling me they have instructed their partners Blake Morgan... I have emailed them telling them I am still in dispute and am raising a complaint with the FOS

[Dan_1127]

I am currently at this stage... I have just had a letter dated 1 day post "Final Response" telling me they have instructed their partners Blake Morgan... I have emailed them telling them I am still in dispute and am raising a complaint with the FOS

Debt collection letter now received from Themis Recoveries, even though I was informed via phone call that nothing more would happen until complaint from FOS has been received (stated I had 6 months to lodge the complaint with FOS).

Anyway, complaint with FOS now lodged. Onto the next issue with SEAT and their overcharging on a fixed price service contract...

[rednus81]

Have you heard anything from the FOS Dan?

[Dan_1127]

Have you heard anything from the FOS Dan?

Hi there, as it happens yes. Original response received from FOS in May, subsequently had an update letter from them a couple of weeks back. Can't remember the exact wording of the document but it's something like "due to the high number of complaints regarding VT and excess mileage charges the FOS is looking into the matter further and will update me accordingly".

I'll post a copy of the letter on here when I've found it and scanned it in.

So, looks as though the high level of complaints is having an effect? Hopefully this isn't just in response to an increased workload or the Brexit debacle..!!

[Dan_1127]

Good news, letter received from VWFS this morning, have relented and agreed to not seek charges for excess mileage!!

It's taken a while, but it just goes to show that it pays to be persistent when the legal precedent is on your side..

[R0b]

Any chance you can post up the letter to see what it says?

[Moonie]

Good morning, I have followed all steps as advised. I have today received an 'Account Overdue' letter from Themis Recoveries. I have already complained to the Financial Ombudsman Service and informed VWFS of this. What do I do next?
I was going to resend the complaint to VWFS and ask them to stop proceedings until the FOS makes a decision.

Thanks

James

[Guest]

Good news, letter received from VWFS this morning, have relented and agreed to not seek charges for excess mileage!!

It's taken a while, but it just goes to show that it pays to be persistent when the legal precedent is on your side..

Dan please could you post a copy of the letter thanks