Car lease price increased before delivery - what are my options

Grumpy_chap

b2b = business to business 
Alternative is b2c = business to consumer

PM3844

Grumpy_chap said:

b2b = business to business 
Alternative is b2c = business to consumer

thank you
its from a lease company (middle man) to me as a personal lease.
If that helps any?

Grumpy_chap

PM3844 said:

'5. Figures shown are subject to manufacturers, dealers, or leasing company price changes, fluctuations in interest rates or changes in Government legislation. These are outside of our control.'
Assuming this means I have limited options 

Have the lease company said which of these parameters they are claiming the change in cost against?

Although the car was / will be registered after the original date, the only reason it was not delivered was lockdown so the car will have been purchased from the manufacturer prior to the lockdown.  Any manufacturer price rise on 1st April would therefore not be applicable.

I would suggest the same case for dealers's price changes.

What are the leasing company prices changes?  Again, as the car was late delivery, they have not had to do anything different.

Was there a change in VED from 1st April that amounts to the increase claimed?  I have not checked, but a small change x 3 years of cost could be what they are asking to cover????

I am not aware of any changes in Government legislation.

Fluctuation in interest rates - these were cut heavily because of coronavirus.  Maybe they should pass on the discount?  HaHa!

I think you need to be clear though, whether your issue is around the price change, or whether you really just want to cancel the car altogether for reasons not connected to the price change.

Jeremy535897

PM3844 said:

unholyangel said:

They can't change the price once the contract has been agreed, not without giving you the corresponding right to cancel without being worse off. A contract is equally bonding on both parties. So if you couldn't cancel without penalty then neither can they, they need to supply what was agreed and at the agreed price. 

This is assuming it's not a b2b contract though. 

b2b? sorry what do you mean?
Also not really a case of being able to afford the increase its DO I want to pay that increase, there is also the principal, as a lay man, in my eyes you can't 'sell something / offer services' at one price and suddenly increase the price because things happen no matter how much the increase - and yes it is partly me trying to get out of it as well. Just looking for advice or anyone else in a similar situation I know its going to have happened to only a handful of people because of the perfect storm of events that occurred. 

also from what i can see this is the  only thing that covers changes in price 
'5. Figures shown are subject to manufacturers, dealers, or leasing company price changes, fluctuations in interest rates or changes in Government legislation. These are outside of our control.'
This doesn't seem to cover 'force majeure' 
Any advice is appreciated 

B2b is Business to business (ie not a consumer contract). From other threads on this forum, they are relying on the price adjustment clause you quote.

Thrugelmir

PM3844 said:

unholyangel said:

They can't change the price once the contract has been agreed, not without giving you the corresponding right to cancel without being worse off. A contract is equally bonding on both parties. So if you couldn't cancel without penalty then neither can they, they need to supply what was agreed and at the agreed price. 

This is assuming it's not a b2b contract though. 

This doesn't seem to cover 'force majeure' 

Nothing trumps 'force majeure'  if it's an accepted contractual term. 

PM3844

Was there a change in VED from 1st April that amounts to the increase claimed?  I have not checked, but a small change x 3 years of cost could be what they are asking to cover????

Thanks for the reply, from what they said it was to cover cost of the change in VED.
And yes I understand what your saying am I really offended by the increase or is it basically an excuse to cancel. 
It’s a bit of both to be honest, but also the fact they just said there will be an increase and no other options at all. What if I was truly at the limit of what I could afford? Or was already at the limit of my car allowance?
There should be an option to cancel without fee but you don’t get your admin fee back (which I’d be more than happy with), or go ahead. Yes not their fault but they won’t be paying for it I will be! It’s a win win for them 
thanks all

Grumpy_chap

If the change is change in VED rate, then that is a genuine external impact on the cost of the car being available for the three years as it is in different tax years and the VED rates increased.  I am sure you can verify the truth of this claim as the reason for the change.

If you are truly at the limit of what you could afford so that another £10 per month is unaffordable, then you could not afford this car in any case.

To look at this another way, you would have had the car in March and been largely unable to use the car for March, April, May, or however long until 'normal' returns.  So you would have paid 3 months lease with little benefit.  You have now saved those 'wasted' months and will gain the three months on the end of the lease period when you can benefit and use the car to normal level.

You can still negotiate with the lease company but, if you do, be clear what outcome you want.  If you go in waffling about the extra £10 per month and therefore you want to cancel, then the lease company will not know whether you really just want the £10 per month off or you want to not have the car.  If you are clear with them that your circumstances have changed (and you can evidence that), then they might be more considerate as the last thing they want is someone taking the car, defaulting on payments and they need to pursue recovery action.  If you have just changed your mind but your circumstances have not really altered to justify this, then that is probably tough.

meanmachinemanford

We were in a similar situation recently where delay in delivery due to Covid was going to result in an additional £25 per month due to the VED increase on the 1st April. We complained to the leasing company and also BVRLA, since then Audi Dealer and Audi Finance have covered the difference and BVRLA said the leasing company have to honour the original contract that we signed. We have sinced cancelled our vehicle order due to financial affordability / circumstances being different etc and leasing company is now demanding £500 cxl fee.