Please help re MB Finance and court action

[JonLeda]

Hello all,

I hope someone can help me, please?

I had a Mercedes GLE on a PCP and I got into trouble with the finance due to illness etc. I spoke with MB finance and explained everything to them and they agreed to the vehicle being returned to them early. In October 2019 it was returned with no issues re mileage or damage etc. I believed I had entered into a voluntary termination and to be honest with you I suffer from PTSD after injuries on duty and dealing with this kind issues is really hard for me and as I say I believed it was a VT. I heard nothing from other than confirmation of the vehicle return. Last week I received a pre-litigation letter from MB Finance and today a letter from Blake Morgan of Portsmouth who I believe are solicitors. They are demanding that I pay back the remainder of £17215.29.

This is a very worrying and a great surprise as I thought that I had entered this VT with them whilst speaking to them originally and agreeing to return the car. I do not have this amount of money and now they are threatening to take me to court.

My state of panic whilst heightened due to PTSD does not help, I, in fact, lost my job due to my injuries becoming worse in June 2019 and hence the return of the vehicle. I am not sure where all the paper works sadly and I do not know where to turn.

Any help or suggestions would be gratefully received.

[R0b]

Hello

It would be helpful if you could post the letter from Blake Morgan (redact personal info) so we can see exactly what it says.

There is a specific process for voluntary termination, that is you must explicitly put it in writing that you are giving notice to terminate. Based on what you've described in your initial post, it smells of a voluntary surrender, not voluntary termination and the two are complete different methods of ending the agreement.

So, did you write to MB and tell them you wished to terminate the contract under voluntary termination? If you didn't then you did not exercise your VT right.

[JonLeda]

Hello

It would be helpful if you could post the letter from Blake Morgan (redact personal info) so we can see exactly what it says.

There is a specific process for voluntary termination, that is you must explicitly put it in writing that you are giving notice to terminate. Based on what you've described in your initial post, it smells of a voluntary surrender, not voluntary termination and the two are complete different methods of ending the agreement.

So, did you write to MB and tell them you wished to terminate the contract under voluntary termination? If you didn't then you did not exercise your VT right.

I shall scan the document and put it online here, sadly due to my chaotic head and the current situation I find myself in I am unable to find my paperwork. I do remember vaguely speaking to the persons at MB Finance and them explaining that I could return the vehicle and they would send out an outstanding amount but that I would not be required to repay it.

[JonLeda]

Hello

It would be helpful if you could post the letter from Blake Morgan (redact personal info) so we can see exactly what it says.

There is a specific process for voluntary termination, that is you must explicitly put it in writing that you are giving notice to terminate. Based on what you've described in your initial post, it smells of a voluntary surrender, not voluntary termination and the two are complete different methods of ending the agreement.

So, did you write to MB and tell them you wished to terminate the contract under voluntary termination? If you didn't then you did not exercise your VT right.

Hi Here is my scan Scan 18 Aug 2020.pdf

[JonLeda]

Scan 18 Aug 2020.pdf Sorry I am not sure how to post so it can be seen without clicking on it etc.

I apologise I am in such a mess and feel so sick I have no idea what or where to go. It was mentioned you would possibly be able to advise. I am sorry it is disjointed.

[R0b]

That only looks like the first page, would be helpful to see the whole letter as we will need to understand it it's just a debt chasing letter or an actual letter before claim.

If you have reason to believe that the person you spoke to said that you wouldn't have to pay for the remaining debt, that would sound like a voluntary termination but it needs to be given in writing. You can start a formal complaints process with MB and that should stop Blake Morgan from pursuing anything further until the the complaints procedure has been completed, including, should you wish, making a complaint to the Financial Ombudsman.

I think you should also look to make a subject access request immediately and see what your account records show. You should also ask for a copy of the call recording on the day you spoke to that advisor from MB.

Obviously if it is determined that you didn't exercise your VT right, then I'm afraid there's not much more other than taking it to court but you run the risk of having a CCJ against your credit file for the next 6 years. What you could do is come to some payment arrangement based on your current income, and that would avoid court and any CCJ keeping your credit file intact.

However, I think your first port of call would be to make a complaint to MB and serve a response to Blake Morgan that you have filed a complaint with MB and all further action should cease until that procedure has been exhausted (in line with MB's legal obligations).

Send over the remainder of the letter and we can look to formulate a response and next steps.

[JonLeda]

That only looks like the first page, would be helpful to see the whole letter as we will need to understand it it's just a debt chasing letter or an actual letter before claim.

If you have reason to believe that the person you spoke to said that you wouldn't have to pay for the remaining debt, that would sound like a voluntary termination but it needs to be given in writing. You can start a formal complaints process with MB and that should stop Blake Morgan from pursuing anything further until the the complaints procedure has been completed, including, should you wish, making a complaint to the Financial Ombudsman.

I think you should also look to make a subject access request immediately and see what your account records show. You should also ask for a copy of the call recording on the day you spoke to that advisor from MB.

Obviously if it is determined that you didn't exercise your VT right, then I'm afraid there's not much more other than taking it to court but you run the risk of having a CCJ against your credit file for the next 6 years. What you could do is come to some payment arrangement based on your current income, and that would avoid court and any CCJ keeping your credit file intact.

However, I think your first port of call would be to make a complaint to MB and serve a response to Blake Morgan that you have filed a complaint with MB and all further action should cease until that procedure has been exhausted (in line with MB's legal obligations).

Send over the remainder of the letter and we can look to formulate a response and next steps.

Thank you very much, I am having to sort my meds out and then I shall scan the pages, I only scanned the front as I thought the others (asking for financial breakdown etc.) were not required. They ask about partners finances as well but this has nothing to do with them, can they demand her money?

[JonLeda]

I have emailed a complaint to MB Finance as instructed and I have informed BlakeMorgan of my complaint, again as directed. Thank you. I shall scan the letter further. I am having a real issue at the moment with my PTSD and it is stressing me out.