Lease company giving me the run around, advice needed.

steveM1978

Hi all.

I could get all emotional and set the world to rights but I won't! Lol. Here are the facts

I ordered a Audi A4 on a lease agreement in January. The estimated delivery was end of April. At the beginning of April they contacted me to say it had been pushed back till may. Then another push till June. They contacted me again today and have said its now July. No fixed date just to say it's been pushed back.

In the meantime I have no car and haven't for months. I'm having to loan cars or pay for expensive short term leases. Because of the lack of factual dates from them I told them to cancel the order.

I have paid £300 so far and they have said that in order to cancel I must pay an additional £500 plus vat.

I find this amazing as basically they claim as its not their fault they can push it back FOREVER and the only way I can get out of it is to pay them money. Stinks of scam to me!

What are my legal rights? I would like all my money back!

AdrianC

The lease company are not the delay - your car hasn't been built. It doesn't exist yet. Audi are giving them the run-around. It's not the lease company's fault - or Audi's - that you got rid of your previous car before the replacement was available.

What do the Ts & Cs of the contract you signed say about cancellation before delivery in the case of delay?

steveM1978

Hi Adrian. Thanks for coming back to me. I want to be clear that this isn't about blame really it's about what was agreed and what is a "reasonable" delay. I didn't get rid of the old car that was also a lease vehicle and I timed the delivery so I wouldn't be without a car. I was wondering if anyone knew what the legal position is in these circumstances? Such as distant purchase law or maybe consumer credit act?

AdrianC

steveM1978 wrote: »

I want to be clear that this isn't about blame really

<looks at thread title and penultimate paragraph of original post>

it's about what was agreed and what is a "reasonable" delay.

Can you just shove the contract Ts & Cs a bit nearer, I can't quite read them from here.

k3lvc

Is this through Audi or a 3rd party ? - if Audi I'd be pushing them to provide a car until your arrives

steveM1978

It's through an online lease agent. I have paid a booking fee to them, they then use a company called arval I think and they are the vehicle owners.

Adrian, I'm not sure what your problem is but your comments aren't helpful or factual so I would be grateful if you didn't respond anymore.

k3lvc

steveM1978 wrote: »

It's through an online lease agent. I have paid a booking fee to them, they then use a company called arval I think and they are the vehicle owners.

In which case only the T&C's you signed will tell you what you can do. What's the 'booking fee' for ? Why couldn't you go direct to Arval ? Who's your contract with ? Who's contacting you to well you about delays ? Who will you be paying each month ?


Assuming you're now dealing with Arval can they 'lease' you a short term car until yours is ready ?

Adrian, I'm not sure what your problem is but your comments aren't helpful or factual so I would be grateful if you didn't respond anymore.

Unfortunately you don't get to pick/choose who responds, only the answers your read/take notice of. Given the limited info in your opening post it's not surprising people are asking for more details and the T&C's you signed/have access to are key to this - anything else is just conjecture

AdrianC

steveM1978 wrote: »

Adrian, I'm not sure what your problem is but your comments aren't helpful or factual so I would be grateful if you didn't respond anymore.

Actually, they are both. You are the ONLY one who knows what your contractual rights are in the situation. You need to read your contract. If you need help understanding it, post the text here.

steveM1978

Here is the wording in the contract. My argument is that the lead time estimates must be realistic within reason. I have an appointment on Monday with legal advice but curious if anyone here has ever been in the position.

Information on “lead times” are estimates only and do not constitute an obligation to supply. Yes Lease Ltd has no control or influence over manufacturer lead times and will not be held responsible for any losses or inconvenience caused because of a manufacturer delay.

 With all orders a deposit may be required, you will be advised of the amount at the point of order. Once your order has been accepted any cancellation by you will result in the loss of your deposit/fee’s and will incur additional charges from Yes Lease Limited of £500 + vat in addition to this cancellation charge, additional charges may be payable to the manufacturer/supply dealer. (This is at the discretion of the manufacturer/supplying dealer).

jackr5

steveM1978 wrote: »

Information on “lead times” are estimates only and do not constitute an obligation to supply. Yes Lease Ltd has no control or influence over manufacturer lead times and will not be held responsible for any losses or inconvenience caused because of a manufacturer delay.

 With all orders a deposit may be required, you will be advised of the amount at the point of order. Once your order has been accepted any cancellation by you will result in the loss of your deposit/fee’s and will incur additional charges from Yes Lease Limited of £500 + vat in addition to this cancellation charge, additional charges may be payable to the manufacturer/supply dealer. (This is at the discretion of the manufacturer/supplying dealer).

Sounds like they have themselves covered...

AdrianC

steveM1978 wrote: »

Here is the wording in the contract. My argument is that the lead time estimates must be realistic within reason. I have an appointment on Monday with legal advice but curious if anyone here has ever been in the position.

Information on “lead times” are estimates only and do not constitute an obligation to supply. Yes Lease Ltd has no control or influence over manufacturer lead times and will not be held responsible for any losses or inconvenience caused because of a manufacturer delay.

 With all orders a deposit may be required, you will be advised of the amount at the point of order. Once your order has been accepted any cancellation by you will result in the loss of your deposit/fee’s and will incur additional charges from Yes Lease Limited of £500 + vat in addition to this cancellation charge, additional charges may be payable to the manufacturer/supply dealer. (This is at the discretion of the manufacturer/supplying dealer).

The contract seems to be clear, then. The delay does not give an acceptable get-out clause for you,

If they don't agree with your introduction of a "reasonable" (and who defines that?) cap on the timings, then you're going to need to get a third party to arbitrate.

The lease firm advertise that they're BVRLA members, so their conciliation service would be the most obvious choice.
http://www.bvrla.co.uk/advice/guidance/using-bvrlas-conciliation-service