After VT-ing my Mercedes . - Court Papers Received ** ARRRGHHHH!!**

[Guest]

Having VT'd my car at the end of last year, I have jJust got the court papers from Mercedes Benz Financial Services claiming for the Excess Milage

Just going through the First Steps now. :-(


Received a claim? Yes
Issue Date: 5th August 2019
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) 3200
Claimant’s Name: Mercedes Benz Financial Services
Solicitors Firm:Mortimer Clarke
Original Creditor: Mercedes Benz Financial
Original Debt (eg. Credit card/Loan/Overdraft) : Car Finance
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

By Aagreement in writing in *november 2015* the Claimant agreed to hire a vehicle to the Defendant for an agreed term in return for the monthly fee (the Agreement). THr defendant has returned the vehicle to the claimanf. Undert he terms of the Agreement the Defendant has agreed to pay any costs and or charges associated with the vehicle damage, excess milage and or rental. These sums are now due

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ): Not yet.
Any Other Information or Background Details:
At the end of last year I VT'd my Mercedes. They duely sent along the request for excess milage. After I rejected this several times under CCA they threated to take this to court to recover the money. This afternoon I received the court papers.

[ash032]

Hadn't logged in when I created this. I am scared though!

[R0b]

Hello

So what do you want to do, defend it or admit and pay up?

It usually takes around 6-8 months from issuing a claim to a hearing. In that time you could mitigate risks by saving some money aside each month just in case you do defend it and everything goes to pot at the hearing.

Their particulars of claim are poor, they don't really disclose a reasonable cause of action, its misleading because they say you handed it back but actually you terminated the agreement which is not quite the same thing.

If you want to defend, I can support you where possible but ultimately if it gets to a hearing, you will need to do that part yourself, unless you obtain legal representation. Consider seeing if you have legal expenses coverage.

[ash032]

I think the plan is to defend it and save. That seems like a good idea.

[ash032]

Just written my letter for a copy of my agreement. I'll send that off. Do I include the #1 cheque the letter to mercedes finance or their solicitor (the solicitor is listed as 'Address for Sending Documents & Papers) on the claim form.

[pt2537]

Blimey they have finally grown a spine and litigated one, id have thought their ass whooping in the last mercedes case would have taught them a lesson, seems not.

[R0b]

Why don't you make a subject access request for a copy of the agreement free of charge.

There's some example defences lying around on this forum somewhere, I'll see if I can hunt one out and give you a starting point.

[pt2537]

What solicitors are dealing with this claim? is it Shoosmiths?

[ash032]

Their Solicitor is Mortimer Clarke

[ash032]

Why don't you make a subject access request for a copy of the agreement free of charge.

There's some example defences lying around on this forum somewhere, I'll see if I can hunt one out and give you a starting point.

Thanks, I am only sending a £1 cheque as its what is says in the first steps

[pt2537]

Their Solicitor is Mortimer Clarke

I know i shouldnt laugh.................. anyway, It seems to me they are going to have a bit of an uphill struggle with this case. I agree with Rob, no point paying for the agreement, you have the right to a copy under the CPR and DSAR too, a s78 request is pointless because the agreement is terminated, so i cant see much benefit in asking when you have to spend a £1.00 too, especially when you can get it for free.

[R0b]

I reckon PT they are trying their luck on the basis that £3200 is a decent amount of charges for excess mileage. One thing that strikes me is that their particulars of claim infers that they are relying on the terms of the agreement and not, for example s.100(4) which is the reasonable care requirement.

I suspect that we might see MC or Mercedes try to plead further particulars along those lines and I think Ash032 you would be wise to objecting to any pleadings around s.100(4) since it was actually pleaded in the particulars of claim.

Anyway there's arguments around that so no big deal but if you can get it chucked out at the beginning of the hearing it's one less thing to worry about.

assuming you've already acknowledged the claim you've got 33 days from 5 August to file your defence - my advice to you, do not rush out a defence as you might regret it in the long run.

I'm thinking a fairly short and to the point defence with reference to their previous case which they lost ought to be sufficient and the rest can be argued at the hearing.

[ash032]

I think I know why they are trying argue that the money is due under the terms of the agreement rather than s.100(4). When I went to do my Vt I had not paid the 50% due in the agreement. So, on the 1st November I wrote to MB Finance and Cancelled the agreement using VT. I made the necessary extra payment to take me to a few pounds over the 50%. On the 8th of Nov, I got an email acknowledging my VT request and the 'overpayment'. They said they were going to arrange for the 'overpayment' to be returned to me. I immediately replied saying the the agreement had now been terminated, and taking into account the extra payment I had made, I had paid the correct amount to be able to VT the agreement. I also said in the email that if they did give me a refund, as the agreement had ALREADY been terminated I would treat any refunds as an unsolicited gift.

On the 19th December - they return the 'overpayment' to my account (Over a month later).

I'm assuming they are going to try this to argue that the VT wasn't valid - although I am working on the principle that the the VT happened on the 5th November (Termination letter posted Friday 2nd, first thing - so first working day following 5th).

Working with the idea that if I save while fighting the worse that'll happen is that I will have to pay at the end!!

[ash032]

R0b. Is there some guidance for filing my defence for this. I've tried looking around but can't seem to find it

[R0b]

Sorry I can't seem to find anything myself.. I will try to cobble something together later tonight as a starting point for you to work on.