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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, I have a dispute over a vehicle lease and need some

Resolved Question:

Hi, I have a dispute over a vehicle lease and need some advice. Can you help with this?

I leased a vehicle for 3 years. Returned it on 04/03/15. I have been sent a damage recharge invoice of £1156.63. I am told the damage report has been validated by the BVRLA.

I had started a lease on another vehicle, with the same company- before I became aware of the damage recharge invoice. The new car was delivered on17/03/15.

I lost work on the days of collection and delivery, because the times agreed for said collection and delivery were gone over, on both occasions. The loss to me, from the work that I couldn't do on both of those days, is at least £840. That is a moderate estimate.

The company is harassing me over the payment of their invoice. They expect me to pay it asap, while they look into the complaint over the loss I've incurred due to delays of vehicle collection and delivery.

They keep saying the two matters are separate. I disagree because all the monies are from the same purse- mine.

I have just had a letter saying that I will be reported to credit reference agencies if the payment is not made within seven days.

What do you advise I do?

Thank you.

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this
Has the damage been independently verified or have you had an opportunity of seeing a number of quotes to do the work?
Customer: replied 2 years ago.

Hi Alex, my name is Torera.

I've been told the damage has been verified by a trained BVRLA inspector, on return to the de-hire site. They have also said the BVRLA is the neutral arbitrator.

Expert:  Ash replied 2 years ago.
In terms of the cost of putting it right have there been a number of quotes?
Customer: replied 2 years ago.

No, there haven't. They have said something to the effect that if a car is returned damaged, they reserve the right to have it repaired by whomever they wish.

I think the car was re-marketed almost as soon as it was returned to them.

Expert:  Ash replied 2 years ago.
You need to check their terms to serif that is correct.
But even if it was then they still have a duty to mitigate their loss. If a company would repair for £1000 and another for £700 they have to pick the £700
But they need to minimise any loss. In any event you can counter claim for the failed days. They have failed to act with all reasonable skill and care by not turning up on the days promised.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Can you please clarify whether they have the right to threaten to report me to credit reference agencies- given the foregoing, or to demand that I pay the sum they're asking for-without addressing at the same time their delays that resulted in my own financial losses?

Shouldn't both issues be addressed simultaneously?

Could you tell me who I can take up this complaint with, from this point?

Expert:  Ash replied 2 years ago.
They can't no. If they do you can apply to the court to have any adverse information removed.
You can take this up with Trading Standards or as they have a consumer credit licence the Financial Conduct Authority.
Does that help?
Alex
Customer: replied 2 years ago.

Thank you, yes.

Is it alright to write to tell them them the above?

I mean, is it alright to inform them that I will write to the court to have the adverse info removed-if they report me to CRAs, and that I will take it up with Trading Standards or the Financial Conduct Authority if they continue to harass me without resolving my counter claim?

Expert:  Ash replied 2 years ago.
Of course you can write to them in the above terms. Yes you can say you will take it to court for any adverse credit and the FCA etc.
Can I clarify anything else for you?
Alex
Customer: replied 2 years ago.

No, thanks for your help.

Kind Regards

Torera

Expert:  Ash replied 2 years ago.
If this answers your question could I invite you rate my answer before you leave today.
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Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.