Lease company giving me the run around, advice needed.

andyw3

Steve I'm in the exact same situation as you - just found this thread after posting a similar one except my broker are requesting 15% of the P11d value as a cancellation fee!

I asked for a mid May delivery and specified this on the signed order form I submitted, but am now into mid July.. Have you made any progress?

Mr.Generous

buy a banger it would be cheaper, just run it until lease car arrives.

steveM1978

So I spoke to a legal person and explained the situation. I don't have my notes at hand but they explained that under the consumer rights act 2015 you are entitled to a full refund if you have not received the goods within the agreed time frame, although there is a contract in place it may not be enforceable. I spoke to the bvrla people and they have said that they will look in to it but advised that I just called them first to go through it and see if we can come to an agreement.
I called and explained nicely that I shouldn't pay for an error that's not of my doing and that I'm happy for them to keep the £300 that I have paid already, basically shake hands and walk away.

If they decline then I will be going to court.

AdrianC

What "error" has been made by anybody?

You placed your order, the lease company gave you the date they'd been given by the manufacturer. That date has been delayed by the manufacturer, right?

The order states that the lead time is an estimate, and states what you can do if it changes.

steveM1978

Error was the wrong word. I know that you think the contract is perfectly legit but I disagree. But that's the beauty of opinions! I have contested it in writing and stated my position that I would go to court over it so they will either bin it or I will get a summons.

AdrianC

<shrug> Goferit.

BVRLA adjudication is that way ->

If you don't go through that first, then a court won't take kindly to your view.

thescouselander

I'm not sure that contract is actually enforable. Yes, some level of delay may be unavoidable but at some point it's going to get beyond what would be deemed reasonable by a court. A contract that gives the supplier rights to delay delivery indefinitely almost certainly comes under the Unfair Contracts legislation - I suggest you look this up, OP.

Hintza

VW did the same to me a few years ago.

Or perhaps it was the lease company who couldn't get the requisite number of orders to get the bulk discount, who knows.

But after that my first words were do you have it in stock?

OP you could check with a dealer the lead time and if they are suffering any delays at present, that will give you an idea if the lease company are being straight with you.

steveM1978

Thanks all. Yes my starting point is the BVRLA. there is a paragraph in the consumer rights act 2015 that relates to unfair contracts. I haven't read the whole act but I have scan read it and I think I have a strong position. Fingers crossed

BarryBlue

steveM1978 wrote: »

Thanks all. Yes my starting point is the BVRLA. there is a paragraph in the consumer rights act 2015 that relates to unfair contracts. I haven't read the whole act but I have scan read it and I think I have a strong position. Fingers crossed

You are quite right. The penalty charge they mention of £500 + VAT is certainly unlawful under Unfair Contract Terms legislation, as are all penalty charges. A court would need to decide but it seems clear enough to me.

Read the legislation and associated guidelines to the Unfair Terms in Consumer Contracts Regulations 1999, which you can find online. It may surprise you. Companies cannot just apply charges as they see fit, they have to be quantifiable in what actual loss they have made. Read about what is reasonable delay in a contract too.