VT Mercedes - next step?

[lcc1982]

Hello,

I have paid more than 50% on my PCP agreement. I have sent Mercedes a letter to terminate the agreement and they have sent back a form to fill in to be signed and claiming liability for excess mileage and any damages (if found after collection). I have been informed that I do not have to sign this but do not know how to go forward.

Can you help [MENTION=71570]R0b[/MENTION] ?

[R0b]

Re: VT Mercedes - next step?

As I am sure you will read on many threads here, you do not need sign any documentation. The fact that you have written to them and they have responded means the agreement is already terminated, it is not conditional upon you signing and returning their documents. They are trying to make you waive your rights of limited liability so that if you dispute they have that as evidence should they take you choose to take you to court over it. Even though they can't override your liability, it gives you an uphill struggle if a judge were to shown it.

You can simply write back to them and state that you are not legally obliged to sign their documents and you should maintain that the agreement is now terminated, the car is in a reasonable condition and they should now collect it within the next 14 days.

[lcc1982]

Re: VT Mercedes - next step?

I have since had the car collected, eventually, tho they took their time. They have now sent an invoice for damages, tho they do not specify what these are and excess mileage. How do I proceed?

[lcc1982]

Re: VT Mercedes - next step?

[MENTION=71570]R0b[/MENTION]

How do I proceed? Mercedes have collected car and sent invoice for damages but not specified what these are, and for excess mileage. I have written to them to request a breakdown of these damages and to contest the mileage charge. This was sent recorded delivery which they have received but they have not replied. This was 3 weeks ago.

[ostell]

Re: VT Mercedes - next step?

Wait for them to respond. You can't be expected to pay for unspecified costs.

[R0b]

Re: VT Mercedes - next step?

As Ostell has suggested, you should wait for them to respond and it is unreasonable for them to claim damages and excess mileage yet not explain what those charges are for. If you don't want to wait you could write a further letter to remind them that you have requested the said breakdown and they have failed to respond despite it being 3 weeks. Copies of correspondence should be kept as evidence in case it is needed at a later date to prove Mercedes are being unreasonable.

Do you have an idea of how much the excess mileage is? The simplest way would be to calculate the additional mileage incurred beyond what was agreed and multiply it by the rate as stated in the agreement.

What are your thoughts on the damages against the vehicle? Did you return it in a reasonable condition, take any photos prior to handing over?

[lcc1982]

Re: VT Mercedes - next step?

I know the excess mileage, it's around 50000 miles, it's the damages I am really interested in. I took photos, all scratches were within Mercedes limits. The only thing I can think it is is the wheels. I hit a pothole and buckled 2 wheels. Mercedes wanted £1500 to replace wheels and tyres, which were getting low on tread, so I got unbranded alloys and standard tyres at about half the price, which Mercedes put on for me. Their specifications don't specify that they must have Mercedes brand wheels or tyres only size and condition, both of which these meet.

[R0b]

Re: VT Mercedes - next step?

50,000 miles over the agreed limit!?

As I repeat a lot on here, the criteria for returning the car in a reasonable condition is based on what an ordinary person would do to ensure the car is looked after. If the wheels buckled and you replaced them albeit not Mercedes branded, I cannot see how that puts the car in an unreasonable condition. Sure, if there is a clause in the contract saying yo must use branded parts (which is common in most agreements) but you fail to do so, Mercedes still wouldn't be able to claw the amount back because your covered under the limited liability when you VT and contractual clauses which impose additional liability beyond the 50% mark are void and unenforceable.

[shaunbent]

Re: VT Mercedes - next step?

[MENTION=97533]lcc1982[/MENTION]

Just wondered if there is any update on how you're getting on with Mercedes?!? I am about to go through the process of VT with my Mercedes and just a little apprehensive about how much they're going to try and mess me around and get money off me.

[lcc1982]

Re: VT Mercedes - next step?

Update

Have finally heard back from Mercedes.

They are saying, "as we did not exercise our right to purchase the vehicle, excess mileage will be raised in line with the obligation on the first page of our agreement. (currently trying to find the original agreement as husband 'filed' it somewhere and can't remember where, and when we logged onto our Mercedes account online we were unable to find a copy of the full agreement) The provisions of the Consumer Credit Act that cover VT permits us to include any over mileage when determining what is 'unreasonable' upon the cars return"

They go on to say they have enclosed a copy of our signed Voluntary Termination acceptance form saying we agree to be held liable for damages and excess mileage. This is not enclosed in the letter, probably because we did not sign one. They have also enclosed a copy of the Vehicle Condition Report which we have a copy of already (and my husband did sign, although it doesn't look like his signature) stating the damages charges are relating to the replacement alloys. We can find no mention anywhere in their fancy, glossy booklet on returning you car that states they must be Mercedes branded parts. It only specifies condition and size, both of which we meet.

Any thoughts for going forward? [MENTION=71570]R0b[/MENTION]

[R0b]

Re: VT Mercedes - next step?

Hello

Please see post #6 on the link below - same issue as yours.

http://www.legalbeagles.info/forums/...805#post724805

[lcc1982]

Re: VT Mercedes - next step?

[MENTION=71570]R0b[/MENTION] what about the wheel issue? If the agreement says we have to have Mercedes parts will we have to pay out or is this also covered under the 50%?

[R0b]

Re: VT Mercedes - next step?

I would say it is covered under the 50% rule. 'total price' excludes any damages or compensation for breaching the terms of the agreement, and since you would technically be in breach for not putting on Mercedes branded parts, they wouldn't be able to claim for it due to your liability being limited.

[lcc1982]

Re: VT Mercedes - next step?

OK, so have finally heard back from Mercedes regarding our last letter we sent. they are still sticking to the 'it's in your contract, see first page' line of reply, so I looked into my contract, specifically at the T&Cs as stated in the first page.

With regards to the condition (mainly wheels in this case) the Vehicle Return Standards states 'All vehicles must be returned with wheels as supplies, including spare or space saver' It does not mention brand or size, like it does for tyres, so I take this to mean it actually has wheels on it. Am I right?
It also, says in 10.1.4 'any additions, alterations or replacements....which we reasonably consider affect value of vehicle, you have to compensate' It goes on to say they will invoice for work carried out, or an estimate if they do not carry it out but value of car is reduced. Do they have to prove these actions occurred?

Mileage - condition 12 states, if returned either at end or on early termination, mileage will be calculated and payment at rate specified at state of agreement.
Does this mean we have to pay?

Help please? [MENTION=71570]R0b[/MENTION] or anyone else

Thanks

[R0b]

Re: VT Mercedes - next step?

Can you post up the contract, personal info removed? or if you email kati@legalbeagles.info she will do it for you, I'll tag her to be aware just in case [MENTION=49370]Kati[/MENTION]

Also, if you could post the correspondence from MBFS about them statng your still liable?