MBF- charges and excess mileage

[catwowan]

Hi, I VT a car which was in my name but was my son's. I have received a bill for nearly £4000. They have charged me £750 for missing a service which is false. We have all the documentation showing the service history was carried out when it should have been. They have also charged for £130 for a stone chip on the bonnet which has then chipped the windscreen. A charge of £32 has been added for that. In addition they have charged £85 x 2 for corrosion to the rear alloy wheels. My son is adamant that he didn't kerb these and that the damage is corrosion. On top of this I have been charged £2800 for excess mileage . I never drove the car, not even once and put it in my name only as my son hadn't had credit before and couldn't get it in his mane. Unfortunately he lost his well paid job and I was left to pay it which I could ill afford. The car lay in the garage until the time I could VT but now I have been hit with this huge bill which neither of us can afford to pay. I am worried I will be taken to court as I read on the forums that MB were taking someone to court. Although I can prove the services were carried out I am worried about the other charges. The car was always serviced on time and is mechanically sound. I completed their VT form but annotated it to say I was not accepting any charges for excess mileage or damages and did the same when the man inspected the car when it was collected. Can anyone offer any help as to what I should do now. I know that [MENTION=71570]R0b[/MENTION] has been very helpful in other posts and would be very grateful if anyone could offer some views on my next move. Many thanks

[R0b]

Re: MBF- charges and excess mileage

Hello,

First things first, it doesn't matter whether or not you drove the car at any point, the fact is you are legally liable because your name is on the contract.

Have you read this -> http://www.legalbeagles.info/forums/...on-Your-rights

[catwowan]

Re: MBF- charges and excess mileage

Hello,

First things first, it doesn't matter whether or not you drove the car at any point, the fact is you are legally liable because your name is on the contract.

Have you read this -> http://www.legalbeagles.info/forums/...on-Your-rights

Thank you very much this is very helpful. I have read a number of posts here which have helped. I have noticed that MB have issued a few court writs none of which, as I can see, have actually came before the court yet. Is that your understanding too? Many thanks I will forward a letter and get ready for a lengthy battle by all accounts. I really appreciate your help. Regards

[R0b]

Re: MBF- charges and excess mileage

Before you go embarking down the route of fighting this you should be aware that the dispute is probably going to be along the following:

1. You dispute the charges.
2. MBFS assert their right because the excess mileage puts them in an unreasonable condition
3. You complain but MBFS does not uphold the complaint, says you can complain to the Financial Ombudsman
4. Financial Ombudsman sides with MBFS despite offering no evidence to show the car is in an unreasonable condition.
5. MBFS records a default on your credit file because you refuse to pay (more likely) or they may 'issue' a claim against you (less likely)
6. Your only real recourse then is through court (though if you are in Scotland I can't assist as I know nothing about Scottish law).

I am in the process of trying to put something together that might resolve the default issues which relates complaining to the ICO about breach of guidance and the Data Protection Act, though it might take a month or two as i'm always busy!

[catwowan]

Re: MBF- charges and excess mileage

Many thanks again. I will firstly get the issue of the missing service sorted as I have all the service history documents then take it from there. I will keep the forum updated with replies. Thank you