Advice on next steps with excess mileage charges please!

[Arnie365]

Re: Advice on next steps with excess mileage charges please!

Thanks R0b. Given when I checked my credit record with Experian a few months ago and the agreement is shown as settled, how would it be a default or is this what you mean for inaccurate information? Is there any case law from the courts or ICO on this being upheld as wrongful use of personal data?

On the CCJ point, if this does go to court, is this the opportunity to set out my defence of why I don't feel the invoice is valid or is it a more procedural tick box type of thing?

I've been following lots of threads on this since the invoice first landed in January but still can't find any case law demonstrating the excess mileage charges are payable! I can't believe that everyone who receives the invoice caves in and pays so am amazed it hasn't reached the courts yet.

[ostell]

Re: Advice on next steps with excess mileage charges please!

You get every opportunity in court to defend the action. You need to quote the relevant regulations and show how you have complied with them but the creditor is attempting to bypass them. I'm sure you will get help on here.

From reading the VT threads on here most creditors eventually give up knowing that they are going against what the regulations say and it will cost them a lot more to take it to court than they can recover.

[cjm128]

Re: Advice on next steps with excess mileage charges please!

Hi yes, following my reply to the debt management company to say I was happy for this to proceed to court in July I have finally received a response saying they will now be passing the matter to their solicitors if I don't pay in the next 14 days however have asked me to contact them to discuss 'options'. The only option is drop the invoice as far as I'm concerned!

I'm going to have to start researching CCJs and this part of the legal process now. Anyone able to offer help/advice?

Thanks for the update Arnie.

I suspect it's still unlikely they will proceed to court based on the discussions with my solicitor and the lack of other cases so hopefully that is just a scare tactic. Keep me posted!

[R0b]

Re: Advice on next steps with excess mileage charges please!

Thanks R0b. Given when I checked my credit record with Experian a few months ago and the agreement is shown as settled, how would it be a default or is this what you mean for inaccurate information? Is there any case law from the courts or ICO on this being upheld as wrongful use of personal data?

On the CCJ point, if this does go to court, is this the opportunity to set out my defence of why I don't feel the invoice is valid or is it a more procedural tick box type of thing?

I've been following lots of threads on this since the invoice first landed in January but still can't find any case law demonstrating the excess mileage charges are payable! I can't believe that everyone who receives the invoice caves in and pays so am amazed it hasn't reached the courts yet.

Although Experian might show it as settled, there are 3 main credit reference agencies in the UK: Experian, Equifax and Call Credit. You can sign up for free to Noddle which is administered by Call Credit so I would just double check that one also as just because they may show in reference agency may not show in another, as I came to realise when Santander did it to me!

cjm128 has pointed out, its usually smoke and mirrors really and I would be surprised that they issue an actual court claim because they really have no leg to stand on and will simply lose. There's no case law specific to excess mileage at all, or none that I am aware of that have been reported. Those who do end up paying I'm sure just want it off their back and don't think of wishing to go to court over it, but we are all different

[cjm128]

Re: Advice on next steps with excess mileage charges please!

Hey Arnie365,

Any update on progress? Now at the stage you were in December so would appreciate an update on what happend next for you.

Many thanks,

CJM.

[dcpenno]

Re: Advice on next steps with excess mileage charges please!

Any update just had my court summons from Mercedes solicitors had no correspondence from them just court letter have to respond before 07-02-17 any advise I feel take it to court on CCA and contract as other Mercedes in termination your rights at the end you will not have to pay any more

[dcpenno]

Re: Advice on next steps with excess mileage charges please!

Hi
just putting something out there if I take to county court would many letters of similar practise be allowed to be part of my evidence, point being salesmen are telling customers to VT as excess mileage would not apply because of the section termination your rights the last sentence being you will not have to pay anymore

please put out there as I will and will go to court if Mercedes persist in there stance

Cheers all dcpenno

[R0b]

Re: Advice on next steps with excess mileage charges please!

Hi
just putting something out there if I take to county court would many letters of similar practise be allowed to be part of my evidence, point being salesmen are telling customers to VT as excess mileage would not apply because of the section termination your rights the last sentence being you will not have to pay anymore

please put out there as I will and will go to court if Mercedes persist in there stance

Cheers all dcpenno

Hello, what letter exactly have you Received? You say you've received a court summons? Could you perhaps post up a copy of it with your personal information redacted.

[Arnie365]

Re: Advice on next steps with excess mileage charges please!

Any update just had my court summons from Mercedes solicitors had no correspondence from them just court letter have to respond before 07-02-17 any advise I feel take it to court on CCA and contract as other Mercedes in termination your rights at the end you will not have to pay any more

Hi what's the latest on this? I received my court summons last week. Just completing my defence stating I refute the invoice in full.

[R0b]

Re: Advice on next steps with excess mileage charges please!

Hi what's the latest on this? I received my court summons last week. Just completing my defence stating I refute the invoice in full.

Hi Arnie,

Before you go rushing off and filing a defence, you should acknowledge the claim if you haven't already which will give you 33 days (if the claim as done online) from the date of the claim being issued.

You ought to make a robust defence, but I can also see from your original post that the salesperson said to you that you should "reduce the mileage and VT" which sounds as if the salesperson implied that you would not be liable for going over. That would potentially amount to a misrepresentation. Equally, have you checked your credit file to see if a default is on there? If so, you could try and offset any damages claimed by counterclaiming breach of data protection and also misrepresentation.

Finally, it would be helpful if you could upload a photo of the claim so we could see what the Particulars of Claim says.

Did you take photos of the car before you handed it over?

[Arnie365]

Re: Advice on next steps with excess mileage charges please!

Hi Arnie,

Before you go rushing off and filing a defence, you should acknowledge the claim if you haven't already which will give you 33 days (if the claim as done online) from the date of the claim being issued.

You ought to make a robust defence, but I can also see from your original post that the salesperson said to you that you should "reduce the mileage and VT" which sounds as if the salesperson implied that you would not be liable for going over. That would potentially amount to a misrepresentation. Equally, have you checked your credit file to see if a default is on there? If so, you could try and offset any damages claimed by counterclaiming breach of data protection and also misrepresentation.

Finally, it would be helpful if you could upload a photo of the claim so we could see what the Particulars of Claim says.

Did you take photos of the car before you handed it over?

Hi R0b

The sales person reduced my annual mileage to get the payments within my budget. He said 1000 miles per year adds £10 per month to the agreement. He said if I went over my miles I could just VT the car to avoid any excess charges and it was really common and he had people doing it all the time. I have of course raised this with Mercedes who asked me to supply proof from a conversation I had 5 years ago! I asked for them in return to supply me any guidance or training material they supply to their sales people making it clear that this practice is incorrect and unlawful. They refused.

I have over 200 pictures of the car and when it was collected it passed the assessment with flying colours. The guy from the auction house who collected it said someone was going to get a bargain!

Redacted claim form attached. It doesn't specify that the charges are all for excess mileage and wraps it all up with condition and rental (of which I paid every instalment.

Appreciate your thoughts.

[R0b]

Re: Advice on next steps with excess mileage charges please!

Hi R0b

The sales person reduced my annual mileage to get the payments within my budget. He said 1000 miles per year adds £10 per month to the agreement. He said if I went over my miles I could just VT the car to avoid any excess charges and it was really common and he had people doing it all the time. I have of course raised this with Mercedes who asked me to supply proof from a conversation I had 5 years ago! I asked for them in return to supply me any guidance or training material they supply to their sales people making it clear that this practice is incorrect and unlawful. They refused.

I have over 200 pictures of the car and when it was collected it passed the assessment with flying colours. The guy from the auction house who collected it said someone was going to get a bargain!

Redacted claim form attached. It doesn't specify that the charges are all for excess mileage and wraps it all up with condition and rental (of which I paid every instalment.

Appreciate your thoughts.

So its pretty vague and they haven't particularised exactly the break down in the costs of the rental, excess mileage, damages etc.

Have you acknowledged the claim online? Have you also checked your credit report to see if they have applied a default on there for the outstanding amount?

What are your next steps, you are intending to defending the claim? If so, you may wish to think about bringing a counterclaim for misrepresentation regarding the salesperson and allowing to VT without any additional charges and breach of data protection if they have applied a default, and you are 100% certain you have made all payments.

Who signed the document, was it someone working at MB or was it their external solicitors?

[stevb63]

Re: Advice on next steps with excess mileage charges please!

HI Guys
what was the final outcome of this issue any info would be grateful or at least a update as its been a while since the last message

[cjm128]

Re: Advice on next steps with excess mileage charges please!

Had a response to my defence; they didn't agree as you might expect. Argued reasonable condition as expected. Awaiting further contact from the court. I believe they offer mediation as the next step.

Cheers.

HI Guys
what was the final outcome of this issue any info would be grateful or at least a update as its been a while since the last message

[R0b]

Re: Advice on next steps with excess mileage charges please!

Had a response to my defence; they didn't agree as you might expect. Argued reasonable condition as expected. Awaiting further contact from the court. I believe they offer mediation as the next step.

Cheers.

Hi cjm, it would be helpful if you are able to upload the response from them, it might be able to assist others.