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Car returned, pending refund

Just looking for some advice with the following, I have a vague idea of what's possible or the best route but keen for others opinions.

In summary, I leased a car via my employer, who essentially just manage the lease on my behalf with a well-known leasing company in August 2020. The car was inherently faulty with numerous issues, I was paying for this vehicle despite not possessing the vehicle I leased for over 3-4 months (March - June), the courtesy vehicles provided by the dealer were no-where comparable in size/fuel type/requirements of fitting a wheelchair etc. 

Anyhow, because the dealer couldn't fix the car, the manufacturer eventually just agreed to pay the substantial termination fee on my lease contract. However, I did make them and the leasing company aware I was making note of the costs associated to the car I was paying for, but didn't have, time spent dealing with the matter and other travel expenses such as taxi's etc from getting to/from the dealer.

So, after an up-hill battle where I was willing to take the lease company & manufacturer to small claims to recover these funds, the leasing company agreed to pay all the costs I'd outlined as they felt they'd be able to claim this back from the manufacturer based on the considerable/un-heard of issues I'd had with the vehicle (they classed this as one of the most faulty vehicles they'd seen). Within the 'final response' notice of my complaint the leasing company outlines that we shall pay a specific amount, exactly matching my claim - (within the region of £3,500). They explained this payment would be made up from a lump sum of £2,30x followed by two monthly rentals refunded. At this point, I was aware the costs didn't add up to the requested amount (but weren't massively off), my broker advised just wait and see what funds they actually sent. As my employer is effectively the 'broker' in this scenario they were to be returned the funds on my behalf and were happy to forward these onto myself - as all their costs were repaid as part of the termination the manufacturer paid.

Now we're in September - Having chased these payments for the last few months it seems the lease company sent a lump sum but no further payments (bar some small sums to my employer, separate from the compensation). My employer is obviously keen to wait until they've received the entire amount, as outlined in the final response - so they can make a single payment matching the figure.

At this point, does anyone have any suggestions? They've clearly outlined in writing what they'd be willing to pay the monies requested, along with a vague description of how these costs would be repaid but their responses are delayed by up-to a week and very poor considering the advisor seems to have difficulty comprehending that we haven't received any payment beyond an initial lump sum, which doesn't equate to the sum owed.

Unfortunately payment was through benefit-in-kind and no deposit was taken using a credit card etc. I have considered small claims, if necessary, though it would likely be in the bracket of £130 to submit the claim for the outstanding amount - which I assume may be fairly straight forward as they've clearly outlined they were happy to pay this?

Greatly appreciate your suggestions.

Comments

  • I don't think you personally can take any action.  From what you've described, this is a B2B relationship between your employer and the leasing company.  There is no "consumer", so no consumer rights in the normal sense.  It appears that the leasing company have been pretty helpful so far, so it may just be a case of being patient.  

    Has your employer got a company solicitor, or access to one?  It's their battle to fight, with any succesful outcome paid to you if they want to do so.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
     Your contract is with your employer, you have no rights with the leasing co.

    Whether you like it or not you have to pursue your employer, who in turn pursues the leasing co, whether your employer is successful or not though is not your concern but how far are you willing to go with your employer?
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