6 January 2010 – 6 January 2010 Judgement County Court
Two Small Claim Applications which I had submitted on 25 June 2009 were heard at Central London County Court (I did not proceed with the third.) These two Small Claims Applications turned into a full day’s hearing. Mercedes-Benz turned up with a barrister and two solicitors. I represented myself.
I was not successful in my applications and Costs were awarded against me. £6,000+ I believe.
5 February 201
A Witness Summons was issued by Bow County Court for Jon Burgess to give evidence at my application against M B for Contempt of Court.
22 February 2010
A Witness Summons was issued by Bow County Court for Stewart Buckle to give evidence at my application against M B for Contempt of Court.
13 May 2010 – Click here to read: Court refusal
My Application against M B for Contempt of Court was dismissed and it would appear that I owed M B £7,067.34 in Court Costs.
Mercedes-Benz applied for and was granted a Vexatious Litigant Order against me stating:
TO the Claimant ROBERT CARLYLE: you must obey the terms of the following part of this Order. If you do not obey, you will be guilty of a contempt of court and you ROBERT CARLYLE MAY BE SENT TO PRISON.
This Order from the Court was obeyed by me as I did not fancy a term of imprisonment just because I had bought a ‘quality’ used car from a ‘premier’ motor car manufacturer.
The Order did however severely limit my options. It was quite obvious that I had managed to upset Mercedes-Benz, notwithstanding that M B employees had tried to defraud me and had lied and perjured themselves to do so.
The only option as I saw it was to go down the criminal action route. This route was not as easy as I had thought. There is a precedent called exparte Blackburn. This precedent basically gives the police carte blanche as to whether or not they investigate a crime.
But this story is for another place at another time.
2 June 2010 – Click here to read: Letter from MB
I received a letter from M B asking for their £7,067.34p Court Costs.
As I had not paid the Costs awarded against me in the Small Claims action my debt to M-B stood at about £13,000.
I did not pay either of the Costs Orders but invited Mercedes-Benz to take me back to Court, which Mercedes-Benz, to date, has declined to do.
A statement was made by Dr Wilfried Steffen, President and CEO of Mercedes Benz UK, on the appointment of Gary Savage, formerly head of Citroën cars, as Managing Director M B UK Cars. He said Gary Savage’s role “will be to lead the delivery of our passenger car strategy, working with his team to maximise sales volumes in the UK and champion the highest quality customer service, retail professionalism and brand values”, when he should have known that this was not happening within M-B because within the ranks of M B employees were those who were prepared to commit perjury, conspire to pervert the course of justice and defraud M B customers. One of them, the perjurer Martin Buhagiar, has been considered suitable for promotion to General Manager, M B Epsom.
13 August 2010 – Click here to read: Mat Marsh witness statement
Matthew Marsh, of M-B’s Legal Department, (who had taken over from Stewart Buckle who had left M B’s employment) wrote a Witness Statement indicating that M-B’s position was that everything had been resolved at the trial on 10 November 2008.
It is an interesting read, especially the Statement of Truth, given the lies it contains.
eg “… the Dealership had not prevented the Respondent [R Carlyle] from inspecting and removing his vehicle (11); and
… the Respondent [R Carlyle] was in almost daily communication with me via either telephone calls or letters and faxes (17);
On 7 August 2009, the Applicant [M-B], having carried out a search for the documents in compliance with the Order of the Court, filed a witness statement and the documents specified in the Order and served them on the Respondent [R Carlyle] (31). The only two ‘new’ documents were the two reports from Olympic Recovery. There was not a single document from M-B or Mondial.
I sought advice from a Barrister who specialises in private criminal prosecutions.
6 August 2014
The Rt Hon Lady Justice Rafferty DBE in the Court of Appeal in an Order refused my application to appeal a previous decision by the Court. This, finally, after all these years has brought my quest for Justice through the Courts to an end.
27 November 2014 Click here to read supporting document
I wrote to Mr Marcus Breitschwerdt, Head of Mercedes-Benz Cars Europe and enclosed a copy of the draft narrative to ask if he felt there was anything ‘unfair’ in it. Mr Breitschwerdt did not acknowledge my letter nor reply.
11 December 2014 Click here to read supporting document
I wrote to Dr Christine Hohmann-Dennha and asked is she had any comments on the draft narrative as she is on the Board of Management of Daimler AG responsible for “Integrity and Legal affairs” .
Dr Hohmann-Dennhardt did not acknowlage my letter nor reply.
15 January 2015 Click here to read supporting document
MB sent an me an e-mail thanking me for contacting MB and that my message has been sent to a member of the Customer Service team for ‘further investigation’
I have experienced Mercedes-Benz’s “Highest quality customer service” and would strongly dispute Dr Wifried Steffen’s interpretation of “highest quality customer service and retail professionalism”.
My experience has been that condoning lies and cover-ups, whether supporting such action or turning a blind eye to it, is to be found at every level of M B management, in my case from Martin Bahagiar to Dr Wilfried Steffen.
If you have a story you wish to share, please, e-mail me.
I am willing to offer non legal advice.
27 May 2015