Any Legal Eagels On Here? I Need Help re Merc Finance
Any Legal Eagels On Here? I Need Help re Merc Finance
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Discussion

132

Original Poster:

478 posts

292 months

Tuesday 15th June 2010
quotequote all
Guys,

I had a Mercedes lease car that i returned in January of this year. I returned the vehile in accordance with the return standards sent to me when I signed the lease.

Shortly after the return, I received a £700 bill for a missing service and wheel scuffs. The car had been serviced, and after months of wrangling, they relented and credited the charge for the service.

However, they still want me to pay for the scuffs. The return standards clearly state that if the wheels can be specialist repaired, that is acceptable damage. They have successfully repaired them and sent me the bill…They are now saying that the standards changed during the lease and that new contractual wording had been sent to me. I have not received any revised wording.

Any idea where I stand on this? Any help would be greatly appreciated, as this is a becoming really frustrating…

Many thanks in advance.

Muzzer

3,814 posts

250 months

Tuesday 15th June 2010
quotequote all
Did they/you fill out a condition report when the car was returned?

132

Original Poster:

478 posts

292 months

Tuesday 15th June 2010
quotequote all
Yes, it noted that there were scuffs to the wheels.

I also note that the return standards booklet that I have does not say that it is subject to change.

mattviatura

2,996 posts

229 months

Tuesday 15th June 2010
quotequote all
This is something that I trot out on here with alarming frequency.

When you return your leased car treat it as though you were selling it yourself. For example if you have scuffed wheels and can get them repaired for fifty quid - do it.

Leasing companies have lost plenty of money lately and will charge for absolutely everything.

Lots of us brokers are also closing as people try and get a 'better deal' from the manufacturer's finance company, the upshot is when something goes wrong you can be stuck dealing with a faceless call centre and simple things can take "months of wrangling".

Edited to add: OP if you drop me a PM I might be able to put you in touch with someone who can help, can't promise but might be worth a letter/phone call.

Edited by mattviatura on Tuesday 15th June 10:35

bazking69

8,620 posts

219 months

Tuesday 15th June 2010
quotequote all
This seems to be happening alot with Mercedes finance...

mattviatura

2,996 posts

229 months

Tuesday 15th June 2010
quotequote all
bazking69 said:
This seems to be happening alot with Mercedes finance...
The companies Mercedes use to finance their cars have been through some substantial policy changes.


OnTheOverrun

3,965 posts

206 months

Tuesday 15th June 2010
quotequote all
Are you dealing with Merc or Jet Logistics?

Ozone

3,103 posts

216 months

Tuesday 15th June 2010
quotequote all
I can't offer any advice but i have heard this happening before with Merc.
I hope you can get a good outcome, i've got a lease car going back in a couple of months that i have looked after as if it were my own but it has 1 scuff on a wheel.

Matt i have subscribed to your newsletter.

Edited by Ozone on Tuesday 15th June 10:56

132

Original Poster:

478 posts

292 months

Tuesday 15th June 2010
quotequote all
Initially I was dealing with Jet Logistics in reference to the service they claimed had not been done.

Now I am dealing with Mercedes Finance.

Cheers.

BliarOut

72,863 posts

268 months

Tuesday 15th June 2010
quotequote all
132 said:
Yes, it noted that there were scuffs to the wheels.

I also note that the return standards booklet that I have does not say that it is subject to change.
Surely it doesn't matter if they did or did not change the wording, you have the terms on which the contract was formed and that does not stipulate that a change is allowed.

geordied355

14 posts

201 months

Tuesday 15th June 2010
quotequote all
I'm sure there was an article on moneysavingexpert.com regarding the leasing of vehicles from M-B. Try searching their site there might be something of use on there for you.

mattviatura

2,996 posts

229 months

Tuesday 15th June 2010
quotequote all
Ozone, let me know via PM if you want a copy of the BVRLA fair wear and tear guide and I'll email it to you.

Hora, they don't expect cars to be "as new" but they expect care to have been taken. As I said before a good rule of thumb is to imagine the car is yours and you are preparing it for sale, you'd repair any damage to maximise it's value.

Ozone

3,103 posts

216 months

Friday 18th June 2010
quotequote all
Sorry Matt, just seen this. I have a copy thanks, i requested one when i got the car - unless it has changed in the last couple of years?. The OH has a lease car too which has a lot of deep scratches on but she doesn't seem to be worried. I keep telling her to save up for the repairs.

OP any updates?

Ozzie Osmond

21,189 posts

275 months

Friday 18th June 2010
quotequote all
132 said:
They are now saying that the standards changed during the lease and that new contractual wording had been sent to me.
That sounds an odd one to me. In a "one off" transaction like a car lease I'd expect all the terms to be fixed at the start. It's not like an ongoing series of transactions where the company notifies changes of terms and conditions which will apply for future activity.

Read your original lease carefully and check what it says. I'll be surprised if they can unilaterally change the original contract to your detriment.

sday12

5,067 posts

240 months

Friday 18th June 2010
quotequote all
Seems that Kelvin Mackenzie of The Sun has taken this up and is threatening to expose some other sharp practices they are using from information from a company mole.


Will update with link if I can find one.

OllieWinchester

5,700 posts

221 months

Friday 18th June 2010
quotequote all
sday12 said:
Seems that Kelvin Mackenzie of The Sun has taken this up and is threatening to expose some other sharp practices they are using from information from a company mole.


Will update with link if I can find one.
This. He has been particularly active since they tried doing it to him when he returned his lease car, perhaps try searching for some of his articles online?

SimNugget

580 posts

199 months

Sunday 18th July 2010
quotequote all
Any update on this?

I am due to return my car in a month and noticed the same change in the standards.

They will be getting a car with only 24K on it and serviced just days before it goes back, but I know they will try and screw me.

132

Original Poster:

478 posts

292 months

Monday 19th July 2010
quotequote all
They are still trying it on. I have the Trading Standards route, but they were not interested. The view they take is that if they can prove that the revised standards were posted to me i.e. part of a print run, even if the letter got lost, this is deemed delivered. They have also said that the change was reflected on their website. I am still unsure if ti is reasonable/ legal for them to change the standards during the agreement...

Zod

35,295 posts

287 months

Monday 19th July 2010
quotequote all
Ozzie Osmond said:
132 said:
They are now saying that the standards changed during the lease and that new contractual wording had been sent to me.
That sounds an odd one to me. In a "one off" transaction like a car lease I'd expect all the terms to be fixed at the start. It's not like an ongoing series of transactions where the company notifies changes of terms and conditions which will apply for future activity.

Read your original lease carefully and check what it says. I'll be surprised if they can unilaterally change the original contract to your detriment.
They don't unilaterally change it, at least not from a pure legal point of view); they send you amended terms and your continuing with the agreement (i.e. keeping up the payments) constitutes acceptance. In the fine print there will be a procedure for terminating the contracxt if you don't accept the amended terms. Morally, it's dubious. Legally, it could be tested, depending on the terms, but they work on the basis that nobody will do so, given the time and expense required.

davepoth

29,395 posts

228 months

Monday 19th July 2010
quotequote all
I'm pretty sure that you would have to sign the amendment to the contract before it was binding. Certainly that's how it works in business. It may be worth asking for a copy of the amendment with your signature on it?