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About dcpenno

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  1. Claimant Mercesdes benz financial services (UK) limited C90 3484621 Issue date 24-01-17 POC 1. by agreement in writing on 13-08-2012 the claimant agreed to hire a vehicle to the defendant for an agreed term in return for a monthly fee (the agreement) the defendant has returned the vehicle to the claimant under the terms of the agreement the defendant agreed to pay any costs and or charges associated with the vehicle damage, excess mileage and or rental. these sums are now due and payable. In my opinion my defence should be as follows In the contract in termination your rights it states that as long as the vehicle is returned in reasonable condition QUOTE You will not have to pay anymore. also in termination by you it states as long as you have paid 50% of the agreed sum and the car is returned in reasonable condition and section 10.1.4 this section only says vehicle condition and cost if not in good condition.
  2. Ombudsman been there not very good they don't look into legality just the individuals view
  3. Hi Added penalties excess mileage is on the agreement but in termination your rights it states (if you have paid 50% and the car is returned in reasonable condition you will not have to pay anymore) Also in termination by you it says which sections of the contract apply these state that I have to have paid at least 50% of the agreement in 1 section and the other section states as long as the car is returned in reasonable condition that is all I would need to pay and it refers to another section reasonable care, this section does not mention mileage at all. in section 12 last page last paragraph smallest print that even on earlier surrender excess mileage would be due? Help please as I have just received county court letter Dave P
  4. Hi all Just had my county court letter, looking for actual sections of CCA relevant to excess mileage, my contract was with Mercedes in termination my rights it states : as long as I have paid 50% and the car was returned in good condition (You will not have to pay anymore) however in section 12 last paragraph on last page in smallest print (excess mileage will be due on earlier termination)? and help welcome Dave
  5. Im back links good but not clear will keep updating as and when any advice please pass on
  6. Hi Thanks is that in writing in any way as far as you know I need some back up as Merc are not moving. I will probably call Merc finance on Monday see if I can get some joy Any back up would help
  7. Hi Its PCP and with Mercedes Finance my view is that in 2 locations on VT section in contract say pay half value and return in good condition and I :you have nothing else to pay" I believe that I have an older contract going off what Mercedes tell me? would like to compare with contract from 2012 August just to check.
  8. I Sent my car back on VT and received a bill for excess mileage, however it is not clear in my contract if I pay the charge as it says in termination your rights if you have paid half the value of the agreement and the car condition is acceptable the answer is yes and yes. I have heard that the phrase in termination my rights quote "you will have nothing else to pay". Does anybody have dealings with this I have started proceedings with the Onbudsman but heard this is probably not the best way. I have heard of people getting the charge removed and invoices being cancelled Any help would be appreciated
  9. Hi I am going through the same but Mercedes are not backing down any advice or have you a copy of the actual contract I can see, I am onto Onbudsman but first feed back from them is I would need to pay, just wondering if the contracts are the same I took mine out in 2012 a bit later than yours Any advise from you may be helpful. dcpenno
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