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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
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Experience:  Solicitor with over 15 years experience.
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I have had a car on a lease agreement, the agreement expired

Resolved Question:

I have had a car on a lease agreement, the agreement expired in April 2014, I organised to have the car picked up at the end of the lease agreement, the lease people came to pick the car up but wouldn't take it because they claimed there was not enough fuel in it to get it to the nearest garage (Less than one mile away) and because they felt they would not be able to start it due to the battery having been flat. The car was left at my home.
the car was eventually picked up in June 2014 and taken away.
Between April and June the leasing company invoiced me for three months rental approx £930.00 claiming I had overrun the contract.
I have explained numerous times over the past three months the situation and I feel that since I asked the leasing company to remove the car at the end of the lease the fact they didn't was not my fault, and I do not believe that I should be paying for an overrun lease when It was not my fault the car was not picked up. I have evidence that I requested the collection on time from the leasing company.
The question is should I have to pay the overrun costs??
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
LondonlawyerJ :

Hello I am a solicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

This is a contract dispute so you will need to go to the lease agreement to see what that says about return and pick up. Was there sufficinet petrol inthe tnk to get to the nearest petrol station? Was the battery flat?

Customer:

There was enough fuel to get them to the nearest petrol station, and the car was running when they came to get it.

LondonlawyerJ :

A poor rating seems a little harsh so soon when I am asking necessary clarification questions of you.

LondonlawyerJ :

If the car was driveable and there were no other issue with the car being collected then you may well have a defence to their claim. In order to get the money from you they will need to bring a claim in the small claims court and prove their case against you on the balance of probabilities. If you were using the car during that 3 month period (I suspect you wouldn't as there may have been insurance issues) you might need to pay as you were effectively unilaterally extending the lease period so it is arguable you should pay for it (to the extent that your using the car has caused them to lose income).

LondonlawyerJ :

Very often a threat will be made to bring proceedings but bearing in mind the effort it takes to bring a case, the possibility they may lose and the small sum of money at stake i ti soften the case that the threat is not acted on.

Customer:

Thank you for your reply, I understand your answer, sorry for the previous rating, I have now re rated your answer.

LondonlawyerJ, Advocate
Category: Law
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