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Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this. Are they trying to take it off you?
No....but this is what I want as it is no good to me, this started in March 2012, end of lease was Aug 31 2012.
All monthly rental payments was made up to this date. even though the van didn't work, they took me to county court over the frailer to pay a final balloon payment. they argued the agreement say they are not responsible for the van even though it belongs to them, due to the manufacture going completely out of business in 2008, I would of thought the financier would be held responsible as they own it?
What I need to really know, is the financier (Lombard) held responsible in anyway for a defected vehicle?
Are the financer the same company as the seller? Probably not but just for clarity?
If not, do they guarantee the state of the car?
in their terms they are saying they are not resposible as they didn't provide the vehicle(van)but are still the owners, my argument is if i hired a vehichle and it became undrivable they would repair it or provide me with a similer type as this is a service i am paying for!they also changed my monthly rental payments on a fix term finace agreement!
Ok. So could you tell me whether the financer the same company as the seller? Probably not but just for clarity?
no....the finance is Lombard, the van sales was 'vans direct '....
according to their terms their not resposible for anything...main thing am after if the manufature has gone out of business completly who is resposible for the vehicle? ie sale of goods act,services act...that sort of thing...someone must be resposible for somthing!
Well, thats a problem I'm afraid.
The sale of goods act does apply but it applies to the seller not the financer.
The manufacturer is liable for negligence potentially although not every fault amounts to negligence.
Mostly these claims are brought against the seller.
This is a lease vehicle so it should be of a certain quality during the lease but if the lease ended and you just didn't pay the baloon payment then they can claim that from you I'm afraid.
The condition of the car at the very end of the lease is not a ground to escape the baloon payment I'm afraid.
I'm afraid that with leases you are often responsible for maintainance.
The point of sale told me I pay the balloon keep the vehicle or give back!
the fixed term finance agreement, monthly rental payments were changed mid term! so wouldn't this be a breach of contract?............also the claiments solicitor hasn't got a complete understanding of the case, as solicitors like to keep it brief and simple,1. unfortunately the claim form claims I bourght the vehicle, when clearly its a lease. 2.the solicitors witness statement is not asking for a balloon payment they are asking for payments that have already been made.....
the judge on the day ask me if I could prove payments have been made, I then presented him with lombards statements, at this point the claimant solicitor dropped his pen....the judge browsed over them, then handed them back saying I can only use evidence that's layed before him, even though he asked me for proof....I was stund as this would of won the case....on closing I asked about an appeal...he refused...saying I will have to go through the circuit judge...I asked about the vehicle he said it was a different matter...
so you can imagine I'm really disappointed in the civil justice system....two many hand shakes behind closed doors....
yes please continue...as it a question I need the answer to, as the internet cant...cheers
I did counter claim for storage and repairs..agreement basically say their not resposible as they didn't provide the van! Just the fiancier...
the judge didn't seem interested, i pointed out the actual invoice from a ldv/daf garage(cause the van was a ldv van) it stated the faults that were wrong and what they did to repair it at a cost over £700+ the garage told me it was not fare ware and tare, but unfortunately ldv van went under in 2008, so no claim against them could be reactified by the manufature..this was in my witness statment as evidence, all the judge was interested in was the agreement.
the hearing was 14 Feb 2014. Last day now for appeal!
thanks Alex, I already new all that, and Im in the process of an apeal....the main question I was really after was about the vehicle, they are the finance company and owner, Im a leasee,customer, they should be held resposible somewhere in the eqation as they are the service providers! They where ok taking my money over five years then when somthing goes wrong they just don't want to know...what Im after is somesort of ACT / quote that would be able to use as a legal basis in my argumemt.....
yes the contract terms are very unfair as a consumer, so it looks like I will going down the unfair contracts act...as they are saying its a unregulated lease...in letters..but in the terms it relates to a contract hire...very confusing and unclear...and if they are saying they are not resposible for the vehicle in anyway this would deem it as an unfair contract! But I still have statotary rights... So they should of put right what was wrong as a service...going to take some studying on this....thanks Alex....any last input before I leave you all alone?