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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, we are a very small business & have just returned a lease

Resolved Question:

, we are a very small business & have just returned a lease car whereby the user has exceeded their mileage by 39.5k miles! This has resulted in an excess mileage charge of almost £4k - is there anyway round this as we cannot afford to pay this. Thanks.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

please confirm it was in their terms and conditions about mileage?

Customer:

yes, i believe so but I cannot find a copy of the contract

Alex Watts :

Ok, but if you know it contains a mileage cap then you are stuck with that.

Alex Watts :

All you can do is negotiate with them to reduce the rate they are charging or allow time to pay, ie monthly.

Alex Watts :

But the fact remains a contract was signed where you agreed to their terms and conditions

Alex Watts :

If they refuse, worst case if they could issue a County Court claim, at which point you could ask the Court to pay

Alex Watts :

But sadly you are liable and save there is no way of out this.

Alex Watts :

I am sorry if this is not the answer you want and it is certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything about this today please?

Customer:

That's sort of what I thought you would say, although I was hoping there may have been some onus on the leasing company to track mileage by some sort of mileage capture systems. Clutching at straws really I know, but we don't have £4k!

Alex Watts :

No, sadly the onus is on you, which is why you should negotiate a smaller amount or monthly payments.

Alex Watts :

Creditors would rather get something than nothing

Alex Watts :

Does that help?

Customer:

This bit helps -




Creditors would rather get something than nothing :)



Alex Watts :

Indeed.

Alex Watts :

Can I help with anything else today?

Customer:

One last question, if they have not provided us with a countersigned copy of the contract, does that have any bearing? Of course, this will be difficult to prove, but is there a requirement to do this?

Alex Watts :

That would not make it unenforceable. But ask copy, you have a right to see that

Customer:

ok, Thanks help. Bye.

Alex Watts :

Thank you. If I could ask you to rate my answer beor

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