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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3843
Experience:  Solicitors 2 years plus PQE
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I swapped my car into Mercedes for a newer model 2 years

Customer Question

I swapped my car into Mercedes for a newer model 2 years into a 4 year purchase plan. They worked out my new payments after having got a settlement figure from Mercedes Benz finance. I said I would only change cars is the payments were less than on my old plan and they came out a bit less so I was happy to go ahead. I collected my new car 5 weeks ago. Yesterday they called to say they gave me the wrong settlement figure and that there is an £11000 shortfall! They've sold my old car. We are going in to see them today. What are my rights?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. When they sent you the first statement - did they say it was a full and final settlement? Kind regards AJ

Customer: replied 1 year ago.
Customer: replied 1 year ago.
Any more info?
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. I think you would have strong grounds to refuse paying this. You would have an equitable defense known as estoppel - meaning that they should barred from claiming the money on the basis that they made a statement to you, that you could rely on, and they are now changing their position so as to cause you detriment. I would write back to them and deny any liability, say your statement was in full and final settlement and this is their mistake to shoulder.

Expert:  Alex J. replied 1 year ago.

If they still pursue you, you could do the following:

- Write to them and say you consider the demands for money harassment under S.40 of the Administration of Justice Act 1970;

- Given the seriousness of this error you will report them to the Financial Conduct Authority

If they sue you, you will have to defend the claim as I have outlined above. Kind regards AJ