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Was it legal for MBFS to take away my $20,500 MSD deposits?

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Old Aug 25, 2023 | 05:40 AM
  #101  
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Did OP make a claim with his gap insurance company to cover this difference since MB did not (not like they have to either)?
Would they not then write him a check since MB was made whole.
OR did he not have Gap insurance?

I can see why MBFS said "heck you do not need gap insurance as you gave us $20k money to invest and keep any interest on it while you drive around in our car and this money should cover any gap you should have should something bad ever happen"

PS "we hope you do not wreck so we can make plenty of money from your money."
"We will give you a little off the payment but not as much as we can make off your deposit"

Seems everything is setup for MB to make money and not lose money on any transaction - Go figure.

IF it was me I would go back to original Insurance company who only paid $92k and try to get more money from them.
Then call gap insurance company and say hey I need to make a claim.
And if he did not have Gap - start scrounging up money - oh but waait I gave them a huge deposit they can just take the gap from there and send me the difference via certified check or bank wire.

simple question: Who owns the wrecked car?
your insurance company, MBFS and/or OP

Thereis still value int he wreck - PArts are not cheap today and delivery can suck.
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Old Aug 25, 2023 | 08:22 AM
  #102  
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Good luck. I hope you win.

Disclaimer: I’m not a lawyer, but I would present everything, including what the dealership said, the contract itself about the gap waiver, etc.
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Old Aug 25, 2023 | 10:07 AM
  #103  
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Originally Posted by Chris2023
I am from Southern California. Based on the information I got from Orange County Small Claims Court, lawyers are not allowed.

It will cost $30-75 for filing which I can even apply for waive. Already lost $20,500 and does not matter to lose $100-200 more.

As I posted in my previous message, I will sue both MBFS and the dealership that I rent my EQS in Orange County Small Claims Court. I will sue $10,000 for each of them. On the lease agreement, MBFS did not specify possessing during default MSD deposit before Gap Waive kick-in. The dealership I leased the EQS did not tell the potential loss of my MSD deposit when I signed on the MBFS agreement. Actually, the financial manager did not even know that risk at all!
You can certainly bring a lawyer.

And all you had to do was read the lease agreement, its not the dealers job to explain the agreement to you unfortunately.

Originally Posted by ygmn
Did OP make a claim with his gap insurance company to cover this difference since MB did not (not like they have to either)?
Would they not then write him a check since MB was made whole.
OR did he not have Gap insurance?
The lease includes GAP insurance but he cant make a claim, only MBFS can they are the insured. He could have gotten private GAP insurance in addition to that but nobody does (including me).

Seems everything is setup for MB to make money and not lose money on any transaction - Go figure.
Read any document or agreement from any lender for any purpose, they are all the same way.

simple question: Who owns the wrecked car?
your insurance company, MBFS and/or OP
If the insurance company totalled it and paid it out, they own the car. Before the accident, MBFS owned the car. In a lease the leasee never owns the car

Thereis still value int he wreck - PArts are not cheap today and delivery can suck.
The insurance company will sell it at a salvage auction to recoup some of their loss. Thats how it works.
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Old Aug 25, 2023 | 10:14 AM
  #104  
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Originally Posted by SW20S
..., its not the dealers job to explain the agreement to you unfortunately.
. However, it is their practice to keep you distracted and under pressure to close the deal. With phases such as: "Do not worry about the details, it is a boilerplate contract like everyone else uses" or along those lines, which is in fact true, BUT ...
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Old Aug 25, 2023 | 10:31 AM
  #105  
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Originally Posted by juanmor40
. However, it is their practice to keep you distracted and under pressure to close the deal. With phases such as: "Do not worry about the details, it is a boilerplate contract like everyone else uses" or along those lines, which is in fact true, BUT ...
Thats been the case forever...its the consumers responsibility to step back and make sure they understand everything though. Those phrases have zero impact on me, and they should have zero impact on everybody.

It is true though, all the agreements are the same. You just need to take the time to understand how all of it works. When the sales manager said "yes you will get your MSDs back in the event of a total loss" my first question would be please point out where in the contract it says that, and put that in writing and sign it.
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Old Oct 9, 2024 | 02:52 AM
  #106  
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Hi Chris, it has been a year, how does the sue go?
It is really shame of MBFS if they eat that security deposit. If they really did, we need to let everybody know.
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Old Apr 23, 2025 | 12:48 AM
  #107  
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Hey OP, any further update on this?

I am on the same boat with a totaled EQE due to a not at fault accident. Please share any further info if you can. Thanks!
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Old Apr 23, 2025 | 01:18 AM
  #108  
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Originally Posted by kinglik
Hey OP, any further update on this?

I am on the same boat with a totaled EQE due to a not at fault accident. Please share any further info if you can. Thanks!
It should be fine if you are not at fault. But remember to double check the amount the other party pays
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Old Apr 25, 2025 | 01:35 AM
  #109  
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Originally Posted by alex529
It should be fine if you are not at fault. But remember to double check the amount the other party pays
Thanks. I spoke to MBFS today and they said I should get the MSDs back if the insurance company pays the full amount. However, they did say I won't be able to talk to them about the payout once the insurance get's involved (they are not involved just yet).

But yes - this it all depends on how much the insurance pays and how MBFS applies GAP.
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