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GabrielP428
GabrielP428, Solicitor
Category: Traffic Law
Satisfied Customers: 447
Experience:  Expert
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I leased a car on a four-year deal from VW Finance. At the

Customer Question

I leased a car on a four-year deal from VW Finance. At the end of the deal, they claimed that repairs to the car (which needed little if any repair) would cost £760. This I disputed, and emailed them to tell them so. They emailed back saying that they would look into the matter and would inform me of their decision. Now they have removed £760 from my bank without informing me or communicating with me at all. Is this legal?
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: In Nelson, Lancashire, UK.
JA: Was a citation issued? Was a court date set?
Customer: No, absolutely not.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No, that's the whole nine yards.
Submitted: 5 days ago.
Category: Traffic Law
Expert:  GabrielP428 replied 5 days ago.

Hi, my name is***** am a solicitor in England and Wales with 9 years of experience and have worked in the legal sector since 2008.

This service is not instant, so please note that I cannot always reply immediately due to other work commitments. I look forward to helping you with your legal problem.

If you would like a call to discuss this further, please let me know

A call is a premium service that includes an extra charge.

Expert:  GabrielP428 replied 5 days ago.

Hi, Have they given any evidence o the damage? Any photos?

Have you taken any photos of the car before you gave it back to them?

Customer: replied 5 days ago.
I have all the photos that they took.
Expert:  GabrielP428 replied 5 days ago.

Is there any visible damage to the car?

Does the lease allow for wear and tear?

Customer: replied 5 days ago.
The lease allows for "fair wear and tear". The damage to the car amounted to the odd tiny stone chip (inevitable on a four year-old car), tiny scuffs to the alloy wheels and the like. That car could have been driven into a car showroom and sold the same day!
Customer: replied 5 days ago.
The main question I want answering is: is it legal for them to take money from my account without my permission?
Expert:  GabrielP428 replied 5 days ago.

It's not legal if they do not have permission under the lease agreement.

Customer: replied 5 days ago.
That will do me. I will threaten them with legal action, and I will publicise their action on social media also. Thank you very much.
Expert:  GabrielP428 replied 5 days ago.

You can use this letter as a template:


LETTER BEFORE ACTION

Dear Sirs,

Re: Claim for (insert sum)

I refer to the above matter. (Insert details of the dispute).

This letter is being sent to you in accordance with the Pre-Action Protocol (“the Protocol”) contained within the Civil Procedure Rules (“CPR”). In particular, I refer you to paragraph 7 of the Protocol, and paragraphs 13 to 16 of the Practice Direction on Pre-Action Conduct and Protocols regarding the Court’s powers to impose sanctions for failing to comply with the provisions of the Protocol.

I therefore put you on notice of my intention to issue county court proceedings against your company for my losses should I not receive payment in full by 4 pm on (insert date 14 calendar days).

Should court proceedings be necessary I will claim the court issue fee and statutory interest. Should I succeed in obtaining a judgment, the same will be transferred to the High Court for enforcement against you whereby further costs will be added to the judgment sum.

I trust the above will not be necessary and I therefore look forward to hearing from you as a matter of urgency.

Yours sincerely,

(insert name)

Expert:  GabrielP428 replied 4 days ago.

Thank you so much for using Just Answer. If you have further questions, please feel free to ask them in this thread.

If you have other questions, you can open a new thread and mark it for my attention (GabrielP428) or choose me in the subject heading as your preferred expert from your membership page.

Customer: replied 23 hours ago.
I haven't sent this response yet, but I shall be doing soon. Thank you.
Expert:  GabrielP428 replied 23 hours ago.
You are welcome.