Charged by Kia for an item without being informed

Pete3216523

  I lease a vehicle through ARVAL via a salary sacrifice. When the vehicle was delivered February of last year, the chap delivering it informed me that the 3 pin charging unit that is usually supplied is not currently available and I will be informed when it does come available. He also gave me a Kia headed letter stating the same. I was not concerned as I have a fitted charger on the side of my property. I have no use for the 3 pin one.

  Fast forward a year to the car’s first service and I mentioned the 3 pin charger and showed them the letter from Kia, I only mentioned it as I wanted to make sure that when I returned the vehicle at the end of the lease, it goes back with everything it should have come with. I was told, no problem, we will have one available first thing in the morning. I collected it but was given no paperwork or informed of any fees.

   My following wage slip had a deduction of £536 for the charger… I have been into Kia and explained to the manager, he points me back to ARVAL saying it’s their issue. ARVAL tell me they have put in a complaint to the supplier. What I expected to be a simple refund has now gone on for 3 months. I have to chase it myself or ARVAL just sweep it under the rug.

  I do not want the charger, will never use it and would never have agreed to purchase it. I am happy to return the charger to Kia for a refund but they are not willing to allow me to do so. ARVAL tell me that as I lease the vehicle, I am not covered by consumer rights.

 Any advice would be greatly appreciated.

Pete3216523

The letter I recieved with the car:

Manxman_in_exile

Sorry if I've misunderstood, but when you took the car in for service, why did you mention the charger at all?

Pete3216523

The letter I was given at the start of the lease said I would receive one. I only nentioned it so that I had it when I return the car at the end of the lease. I wish I had never mentioned it now.

Manxman_in_exile

Could they have been under the impression that you had "lost" it and were asking for a replacement?  Which naturally you would be charged for? 

Did you make it absolutely clear that you were only pointing it out - with the aid of the explanatory letter from KIA - for their information and that you weren't requesting one?

Have you gone back to the KIA garage that did the service and asked them precisely what they did after you told them whatever you told them.

This has all the hallmarks of a communication screwup.  You must be able to sort it out with the leter from KIA.  Go back to the garage that did the service and ask them what they did.

Alderbank

Pete3216523 said:

  I lease a vehicle through ARVAL via a salary sacrifice. ARVAL tell me that as I lease the vehicle, I am not covered by consumer rights.

 Any advice would be greatly appreciated.

They are correct that you do not have consumer rights.
Consumer rights arise when there is a purchase from a trader to a consumer.
With salary sacrifice the vehicle is actually leased from ARVAL by your employer as a B2B contract. Your employer allows you to use the vehicle leased to them as part of your contract of employment.

The letter does not say anything about cost. I think perhaps that when the car was supplied the bill was reduced by £536 because one of the expected items was missing and as you say not everyone would want one. You got no paperwork because you are not the contracting party. The invoice for the cable will have gone to ARVAL or your employer.

Pete3216523

  At the service, I mentioned that I was given the letter above regarding the charger. That I was told it should have come with it but I would receive it at a later date. She then said that she would have one for me the following day. No mention of a charge for it as I would have of course contested this. When I collected it the following day there was no paperwork given and still no mention of any charge. I went into Kia the day after I saw the charge in my wageslip. I spoke to the manager, he fully understood but said it would not have been them who charged me, it would have been ARVAL and I would have to take it up with them. ARVAL are telling me that Kia billed them and they have put in a complaint with them. I rang both ARVAL and Kia again today both people I spoke to fully understand the situation and agree with me but it isn't helping me get the matter resolved. The lady at Kia took my details and said she would speak with the manager again. ARVAL said they would chase it again. Meanwhile it feels like it's going nowhere fast. I have an item I do not want or need, the item should have been supplied when the car was handed over. I am quite happy to return the charger for a refund but it doesn't appear to be an option. 

Pete3216523

Alderbank said:

Pete3216523 said:

  I lease a vehicle through ARVAL via a salary sacrifice. ARVAL tell me that as I lease the vehicle, I am not covered by consumer rights.

 Any advice would be greatly appreciated.

They are correct that you do not have consumer rights.
Consumer rights arise when there is a purchase from a trader to a consumer.
With salary sacrifice the vehicle is actually leased from ARVAL by your employer as a B2B contract. Your employer allows you to use the vehicle leased to them as part of your contract of employment.

The letter does not say anything about cost. I think perhaps that when the car was supplied the bill was reduced by £536 because one of the expected items was missing and as you say not everyone would want one. You got no paperwork because you are not the contracting party. The invoice for the cable will have gone to ARVAL or your employer.

There was no mention of a bill reduction and my monthly payments are exactly as I was told before the lease. ARVAL did not tell me that there would be a charge for the item and no mention of the cost. Basically it seems a transaction ocurred without my consent. I would not have consented to charges as I do not need it. I would now like to return it for a refund if it was not supposed to be with the car in the first place (although the letter above said it was supposed to be). 

Alderbank

You're not the customer. That's why they are not talking to you.

You need to speak to whoever at your employer's deals with company vehicles. It will probably be someone in the procurement team.

eskbanker

Is it possible that this impasse relates to the distinction between the manufacturer and the dealer?  Even though the latter is obviously franchised to sell and maintain vehicles made by the former, they're different entities, so a promise made by the manufacturer needs to be fulfilled by them, even if that's ultimately handled via the dealer, whereas discussing the charger situation directly with the dealer may have muddied the waters....

Pete3216523

eskbanker said:

Is it possible that this impasse relates to the distinction between the manufacturer and the dealer?  Even though the latter is obviously franchised to sell and maintain vehicles made by the former, they're different entities, so a promise made by the manufacturer needs to be fulfilled by them, even if that's ultimately handled via the dealer, whereas discussing the charger situation directly with the dealer may have muddied the waters....

This looks highly likely, you would think I could return the charger to the dealer who gave it me due to the obvious communication breakdown. I'll give ARVAL another week and then get back in touch with them. I may also pop back to the Kia that did the service and got me the charger again this week and see if they can just take it back and process a refund back to ARVAL and then to me.