Lease co sent invoice 5 months after car returned. They say "We have up to 6 years".

lancslass2008

Hi all

My partner had a lease car. On 25th March 2010 after waiting all day for the car to be collected (Between 9am & 4pm on their sheet) my partner had to leave work on time at 5pm after waiting for the lease agent collection firm to collect the car. They eventually came at 17:35 when the firm was closing. So, the car was handed over by another member of staff who "Just signed". Nothing was heard until today (5 months later) when we received an invoice for a missing key and 2 bits of damage on the car. With the invoice there was a letter saying there had been an admin error which delayed the invoice. The letter said they were sorry for the delay, but were now asking for £253.56 in charges nethertheless.

My partner rang them (Network Vehicles) and complained about:

1. The delay in sending the invoice.
2. The supposed damage.

They told him
"Under the rules, we have up to 6 years to invoice you".
Is this correct?
The agent went on
"We're sorry about the dealy, but that invoice is due. Like I said, we can invoice you 6 years later under the rules"

Partner compalined about the 'Damage'. The agent returned with "The man who signed the car to go back has signed to say these damages were evident. Look at the vehicle appraislal form. He has signed it at the bottom at 17:35, so he is admiting that that damage is there"

When I say damage I am talking minute scratches, shown only on their close up picture.

Partner spoke to his colleague who 'admitted' the damage. The colleague told him "You just told me to give him the keys and sign, so I did. I didn't know about all this damage. How could I agree. I've never driven the car".

Now, I know this really isn't an excuse, but the colleague thought he was just signing to release the car.

So, I would be grateful if somebody could answer me the following:

Taking into account they said they would be here BEFORE 4pm and they arrived at 17:35 (Timed on their report) do I have any argument in saying that the colleague wasn't authorised to sign for that damage?

Do they really have 6 years to claim this?

Any other advice would be appreciated.

maninthestreet

What does the contract state that your partner signed for the lease of the car?
The charge they are asking you to pay includes the cost of the missing key - on a modern car fitted with an engine immobiliser, these can be expensive to replace. Minor scratches are normally considered fair wear and tear - exactly how big/deep were they?

colino

5 months later? The car will have been auctioned off long ago, ask them to see the damage and what material cost it was to them.

Quentin

lancslass2008 wrote: »

Do they really have 6 years to claim this?

Yes.

They are referring to the law on chasing debts.

maninthestreet

OP find out from a main dealer how much a replacement key actually is. Then offer the leasing company that amount of money. If the scratches are as small and superficial as you say, they should be considered fair wear and tear, and thus the leasing company can't bill you for it.

lancslass2008

Thanks for that peeps. I will certainly ring up and price the key. In fact, he would probably just pay for the key if indeed it was missing.

Thank You all

marmitedog

The British Vehicle Leasing Association has guidelines on fair wear and tear. You'll have to pay for the key though.

http://www.bvrla.co.uk/Advice_and_Guidance/Fair_wear_and_tear_standards.aspx

ilovebanksMCMLXXXI

Providing they are not profiteering then yes they can invoice you at a much later date.

It doesn't matter if the car has been auctioned off.

Fair wear and tear is always a grey area with leasing companies but you will certainly have to pay for a missing key and on the average modern vehicle that will comfortably be the thick-end of £100 or more on most cars.

As for the damage, I wouldn't expect you'd get too far with the colleague not being authorised as they will probably come back with (a) our collection time of 9am-4pm was only a guide and (b) if the colleague wasn't authorised to sign he should not have signed.

Bit of a tricky one - Call them again and say in light of your concerns will they go 50/50 on the bill for goodwill. If you speak to a department manager I reckon they'll do with that.

Best of luck