Voluntary termination with Mercedes Benz Finance

[Nodbadthebad]

It's a template letter that they've sent out to you, I can tell because there's square brackets in one of the paragraphs that they forgot to remove and I've seen it before without the COVID-19 comment.

Personally I would respond and explain that they have failed to properly address the points you raised in your last letter and there's no point in repeating what you've already said. If they have such confidence in recovering the excess mileage, invite them to issue legal proceedings if you are prepared to defend it. Otherwise I would stick two fingers up at them and not respond further unless they have something substantial to say.

Once again, thank you R0b
I'll do what you suggest in your first paragraph.

Watch this space...

Paul

[Nodbadthebad]

Well, its now Jan 2021. This all started back in September 2018!!

Nothing to report.

Still not heard a jot from MBFS or their Lawyers, Mortimer Clarke, since August 2020.

Their loss I suppose

Paul

[R0b]

Just make sure you keep all records as they have 6 years to bring a claim (double copies on different mediums at least) and you don't want to be left short if they did issue at a later date.

wouldn't expect them to issue anything unless something new crops up like a new case they can rely on to their advantage but still possible.

[Nodbadthebad]

Good Advice
Thanks again R0b

[Nodbadthebad]

Still not heard from them, but keeping all records safe still....

[Nodbadthebad]

Had a new letter from their solicitors trying to accuse me of not having the car serviced in line with the agreement (this is a new argument which has not come up in the previous 4 years of back and forth). Their own records will show that the car was serviced by Mercedes in line with the recommended service intervals for the car, so a pointless argument by them.

I have written back stating that they are now clutching at straws and unless they have anything new to tell me to not contact me again unless its to answer the points made on my previous letters regarding the court case in which they lost and how identical my case is to that one.

Is there a uk equivalent like the US "statute of limitations" on these cases as this has been going on for nearly 4 years now?

[Nodbadthebad]

Its now been 5 years since I first received a letter from MBFS demanding money from me. Yesterday I finally received a letter from Mortimer Clarke (MBFS Solicitor) saying that they have been instructed to hand the account back to MBFS and that they (Mortimer Clarke) will no longer be dealing with me or sending me any more letters.

I don't know if this will be the end of this very long saga or not, but it seems like a good sign to me, unless anyone knows different R0b ??

[R0b]

Hi

It would appear on the face of it that MBFS have given up the chase but I guess it is possible they may be transferring it over to another firm of solicitors and the possibility of preparing legal proceedings could still be available. The limitation period for breach of contract is 6 years from the date of the breach, after that, they will be time-barred and cannot bring a claim for any allegations out of time.

If there was any intention of legal proceedings being started, then it would have happened by now. Even if they tried to bring proceedings you could have an additional defence that the claim should not continue because of an abuse of process by MBFS as they have 'warehoused' the claim for the last 5 years of doing diddly squat when they had the opportunity to bring a claim soon after sending the letter before action.

I would be inclined to respond to Mortimer Clarke and confirm receipt and then you may also want to invite MBFS to close the case following the letter you received from MC or if they have an intention of starting proceedings, in which case confirm the correct address for service of the claim form, just in case they try to send the claim form to another address given the passage of time. Letter by email and first class post with proof of postage should be sufficient. This step is not necessary but it does avoid any potential consequences caused by MBFS or their instructed lawyers.