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Company car contract

Please help
I have handed my resignation into work as we recently went through a restructure and I was put into a position that isn't what I currently do or want to do so I have chosen to leave. I have just been informed that I will be liable for £4500 for my company car which they will take out my last wage and then I will have to repay any remaining balance wihtin 6 months. I have 2 questions on this. Firstly, is this right that I will be heald liable for this amount. I have only ever signed an order confirmaiton form that stated 'I accept T&Cs, I agree to deductions from my salary for charges to which I may become liable for including but not limited to parking, speeding fines and outstanding PUC'. At no point in the process was I given a copy of the T&Cs and when challenged I was advised they are on the company intranet. There was no explicit mention about this amount and what the amount would be? I feel that this was missold to me as I never would have taken the car if I was made aware of this. Secondly, I am leaving the country to do voluntary work in Asia so will have no income, can they make me pay it back within 6 months?
Any advice or experience of the same circumstances would be really appreciated?
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Comments

  • Wywth
    Wywth Posts: 5,079 Forumite
    Lisa5246 wrote: »
    Please help
    I have handed my resignation into work as we recently went through a restructure and I was put into a position that isn't what I currently do or want to do so I have chosen to leave. I have just been informed that I will be liable for £4500 for my company car which they will take out my last wage and then I will have to repay any remaining balance wihtin 6 months. I have 2 questions on this. Firstly, is this right that I will be heald liable for this amount. I have only ever signed an order confirmaiton form that stated 'I accept T&Cs, I agree to deductions from my salary for charges to which I may become liable for including but not limited to parking, speeding fines and outstanding PUC'. At no point in the process was I given a copy of the T&Cs and when challenged I was advised they are on the company intranet. There was no explicit mention about this amount and what the amount would be? I feel that this was missold to me as I never would have taken the car if I was made aware of this. Secondly, I am leaving the country to do voluntary work in Asia so will have no income, can they make me pay it back within 6 months?
    Any advice or experience of the same circumstances would be really appreciated?

    It used to be said that where there's a blame, there's a claim.

    Nowadays it's where there's a mis-sale, there's a claim :)
    (Not as catchy a saying, but so much more profitable for so many :))

    Give it a go and see how you get on. Do let us know the result, as, if successful, others who find themselves in your position may be spurred on to make similar mis-selling claims.

    Good luck!
  • Buzby
    Buzby Posts: 8,275 Forumite
    As you have acknowledged that the T&C's exist and you agreed to them, you cannot subsequently complain you didn't read them - as it was your legal obligation to do so.

    What you need do is get a copy of them and see precisey what you agreed to, and then on the basis of this, work out your obligations. You may have some wriggle room, but only on the basis of what you agreed, NOT because you couldn't be bothered to read the agreement.

    Get the T&C's and read what the obligations are on contract termination. Only then will any advice be relevant.
  • tyllwyd
    tyllwyd Posts: 5,496 Forumite
    edited 22 June 2012 at 8:30PM
    Wywth wrote: »
    ... Give it a go and see how you get on. Do let us know the result, as, if successful, others who find themselves in your position may be spurred on to make similar mis-selling claims.

    Why are you talking about mis-selling? This is about a charge made when handing back a company car.

    Edited to say - Oh, I see, the OP talked about misselling - sorry, I'd missed that.
  • Thanks for your replies. Would this type of agreement be governed by anyone such as FSA etc
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Am I missing something crucial here? The company supplied you with a car, you are now handing it back - what are the charges for?
  • visidigi
    visidigi Posts: 6,651 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    arcon5 wrote: »
    Am I missing something crucial here? The company supplied you with a car, you are now handing it back - what are the charges for?

    Some companies have got 'inventive' with the process of supplying company cars, some even now take out a business loan in your name (to which you agree) and use it to pay for the vehicle, hence early return isn't possible and the company has to keep and pay for the car, but as its a loan in your name...you're liable.

    I sounds like this might be the case,to be honest, this sort of thing is so specific that we really can't advise much without having a copy of the contract to review.
  • BillTrac
    BillTrac Posts: 1,869 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Bearing in mind that companies never, ever pay the value the taxman screws you for. And that when someone takes your vacated position they will be given your car....

    I would tell them to fornicate off to the far side of hell before giving them anything.

    No company I have ever worked for which provided a company car has tried to pull this stunt.

    Or tell them if they want the £4500 you will keep the car:T
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    visidigi wrote: »
    Some companies have got 'inventive' with the process of supplying company cars, some even now take out a business loan in your name (to which you agree) and use it to pay for the vehicle, hence early return isn't possible and the company has to keep and pay for the car, but as its a loan in your name...you're liable.

    I sounds like this might be the case,to be honest, this sort of thing is so specific that we really can't advise much without having a copy of the contract to review.

    Thanks, I've never heard of this scheme before. But it sounds dodgy as hell!

    I can't see what grounds they would have to keep te car and claim the cost of it :huh:
    If its in ops name I wonder what would be stopping him taking the car with him.
  • tyllwyd
    tyllwyd Posts: 5,496 Forumite
    I was thinking that it was like a PCP where you can give the car back and pay a balloon payment after a certain amount of time. The OP has agreed to pay any outstanding 'PUC' which I guess stands for 'personal usage charge' or something similar? The OP really needs to look at the terms and conditions to see what they signed up to.
  • Sambucus_Nigra
    Sambucus_Nigra Posts: 8,669 Forumite
    Firstly, what is the £4500 for?
    If you haven't got it - please don't flaunt it. TIA.
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