MBFS VT Excess Mileage

[craigc]

Hi, hoping that someone will be able to offer some advice.

I VT'd with MBFS in Dec 18. Last week I received a letter from Mortimer Clarke advising that the case had now been passed to them to act on behalf of MBFS recovering the money owed. The letter is dated 06/06/19 and states that I have 30 days to reply.

On the 14/08/19 I raised a case with the Ombudsman, I am yet to receive any more than a holding email to let me know that they are busy.

At this stage how should I be replying to Mortimer Clarke?

Happy to upload any letters and correspondence to date with MBFS once I figure out how to redact personal info

[craigc]

Can anyone offer advice?

[R0b]

Same boat as everyone else in relation to the FOS and excess mileage. If it's just a letter confirming that they are still investigating your complaint, then there's no harm in sending them a copy of that letter as evidence your complaint is with the FOS and any further action by MBFS would be in breach of their obligations under the FCA rules, that is the CONC Hanbdook.

You could also point out that if MBFS choose to ignore their statutory obligations, then you reserve the right to have any proceedings stayed if not struck out and seek an adverse costs order against them in the process.

At the end of your letter you should ask them to confirm by return that no further action will be taken pending the outcome of the FInancial Ombudsman's decision.

[craigc]

Thanks Rob. Should that response be to Mercedes directly or Mortimer Clarke?

[R0b]

Mortimer Clarke as they have been instructed to act on MBFS' behalf so all correspondence should be sent to them unless told otherwise.

[craigc]

Just to update on this, I've had a letter back today from Mortimer Clarke informing me that my account has been placed on hold until they have further instruction from MBFS.

I've also had the following today from the FOS which has left me confused having waited 2 months for as I have already had MBFS final outcome, hence the referral to the FOS. Is this a standard FOS response whilst they investigate?




Yourcomplaint about Mercedes-Benz Financial Services UK Limited


Thanks for getting in touch with us. We’ve contacted Mercedes-Benz Financial Services UK Limited to tell them aboutyourcomplaint – so they have a chance to put things right for youfirst.

Mercedes-Benz Financial Services UK Limitedshould get in touch with you soon. If you need to get in touch with them, their contact details are:

Mercedes-Benz Financial Services UK Limited

Delaware Drive

Tongwell

Milton Keynes

MK15 8BA

Next steps

Mercedes-Benz Financial Services UK Limitedshould give you their final response to your complaint – in writing – within eight weeks at the most.

At this stage, Mercedes-Benz Financial Services UK Limitedshould also let you know thatyou'vesix months from the date of their response to come back to us if you’re not happy.

We won’t take any further action unless we hear from you again – and I hope Mercedes-Benz Financial Services UK Limited can resolve things for you.

Kind regards

[R0b]

If you have the letter with MBFs final outcome I suggest you go back to the FOS and explain the situation giving them a copy.

[Amethyst]

How strange, I would give FOS a call - when you made your complaint presumably you did include in it that you had received a final resolution from MBFS ? Did you provide FOS with a copy of that ?

( sorry crossed with R0b - same thing though xx )

[craigc]

Thank you both. I've called them. The person I spoke with apologised and was unsure how that detail was missed as confirmation of the date of the final outcome is pretty much the 2nd sentence in what I have sent them along with a copy of the final outcome letter.

She advised that they are very busy and there appears to be a lot to look through with my case so may take some time before I hear back from them.

It doesn't inspire masses of confidence in the process if they can miss that detail so easily but fingers crossed the rest is more thorough (and favourable!)

[craigc]

So my last correspondence on this from the FOS was on the 12/12 where they informed me that they had asked MBFS to send them some information about my complaint and once they had received that they could begin investigating and a claim handler would be in touch.

We are coming up to 8 months and I still haven't heard anything.

Should I be chasing this or just let it run its course? Is there a time frame that they are supposed to work within? (I suppose what I am angling at is there a magic time limit that sees me get lucky and the case become null and void)

[craigc]

Just to update on this, I've had the following correspondence from FOS on the 25/09

Your complaint about Mercedes-Benz Financial Services UK Limited

I’m writing to update you about your complaint and explain why we haven’t yet given you an answer. I’m sorry you’re still waiting.

We’ve got a number of complaints like yours involving charges associated with voluntary termination of your agreement, and we’re currently looking at how we handle these cases in light of the complexities around the charges. This is an evolving area, and we’re exploring what these developments mean to the individual cases we’ve received. It’s important that we do this so we can make sure we’re resolving these cases in a fair and consistent way.

We know that this complaint is important to you – and we'll be looking to progress your case as quickly as possible.

While we can’t make any promises about timescales, we’ll be in touch with an update within three months, or when we’re ready to take the complaint forward, if that’s sooner.

In the meantime, please tell us if your circumstances change significantly or something happens that could affect the complaint.

And if you have any questions or require any adjustments with the way we communicate with you, please give us a call on 0300 123 9123 or 0800 023 4567. You can also email: casework_DP03@financial-ombudsman.org.uk.

Kind regards

Sarah Conway

Ombudsman leader

[craigc]

So after a very lengthy wait I have had my final outcome letter from the ombudsman yesterday.

The outcome is as follows,

My final decision

My decision is that I uphold Mr C’s complaint and I order Mercedes-Benz Financial Services UK Limited, trading as Mercedes-Benz Finance, to:

1. Remove the charge of £3,***.** from Mr C’s account.

2. Remove any adverse information about that charge that it’s recorded on Mr C’s credit file.

Under the rules of the Financial Ombudsman Service, I’m required to ask Mr C to accept or reject my decision before 15 February 2022.

So I just need to get the acceptance form signed and sent off and that will hopefully be the matter put to bed

Many thanks to everyone who runs this forum, I would never have got to this position without the wealth of knowledge and case examples that are on here.

[R0b]

Well done on persevering, would you mind sharing your decision with me (via PM) as I am curious for their reasoning. We have seen the FOS largely side with lender's when these types of complaints are made so it would be good to build up a collection of favourable decisions.

[craigc]

Have messaged you Rob

[R0b]

Thanks, it's a good decision and sounds like the Ombudsman took into account your arguments. It will certainly help others as there seems to be inconsistency in the decision making of the Ombudsman.

Out of curiosity, did you not ask for compensation as a result of the negative impact reported on your credit file?