Rejecting business leased car
Rejecting business leased car
Author
Discussion

nm36.hw

Original Poster:

15 posts

31 months

Sunday 10th March 2024
quotequote all
Hi guys,

I got a car through my company’s car lease in London. Car was delivered less than 30 days ago and has multiple issues (e.g. it’s an EV and it stops charging after a few minutes, plus a few other software problems)

I called the lease company and after a week of me chasing, I managed to book an appointment…. In a month!!!! I’ve emailed my company and said this is not acceptable and I want to return the car since it’s new and already with so many issues. They say the consumer act does not apply here as it is a business to business transaction… is there any other way for me to reject and return the car other than having to pay penalties for early termination?

Nickp82

3,958 posts

123 months

Sunday 10th March 2024
quotequote all
(Usual not a lawyer disclaimer) Given the goods don’t sound like they are either of a satisfactory quality or fit the purpose for which they were intended wouldn’t this fall under the Sale of Goods act?

nm36.hw

Original Poster:

15 posts

31 months

Sunday 10th March 2024
quotequote all
This is what I thought. I pushed back saying even if the consumer act doesn’t apply the soga should… but they are playing deaf..

FMOB

1,994 posts

42 months

Sunday 10th March 2024
quotequote all
As it is a business deal i do not believe legislation intended to protect consumers applies, I think this is breach of contract, you need to look at what the contract you signed says about faulty goods, etc.

nm36.hw

Original Poster:

15 posts

31 months

Sunday 10th March 2024
quotequote all
Contract breach on which end? mine or theirs?
There is no mention whatsoever of faulty goods in the contract

normalbloke

8,882 posts

249 months

Sunday 10th March 2024
quotequote all
Nickp82 said:
(Usual not a lawyer disclaimer) Given the goods don’t sound like they are either of a satisfactory quality or fit the purpose for which they were intended wouldn’t this fall under the Sale of Goods act?
No.

Ham_and_Jam

3,710 posts

127 months

Sunday 10th March 2024
quotequote all
I think the best route would be SoGA, however I think this is still the original 1979 act as it didn’t get repealed or transferred to the Consumer Rights act.

As such I think you rights will be more to push for a repair, which is probably just what you will get under the warranty anyway.

If the fault persists after several repair attempts then I would say you could proceed to the courts.

B2B rights suck and why I don’t buy expensive personal stuff through my business.

Ham_and_Jam

3,710 posts

127 months

Sunday 10th March 2024
quotequote all
normalbloke said:
No.
Yes. See above.

FMOB

1,994 posts

42 months

Sunday 10th March 2024
quotequote all
nm36.hw said:
Contract breach on which end? mine or theirs?
There is no mention whatsoever of faulty goods in the contract
Assuming you are alleging they have supplied faulty goods, that would be the breach of contract. If the lease company aren't playing ball you need a bigger bat, suggest you get some legal advice.

C70Rev

59 posts

52 months

Sunday 10th March 2024
quotequote all
As it’s a lease car isn’t it better to call recovery and get a replacement from lease company until car is sorted.

Obviously if this is salary sacrifice this is not an option

nm36.hw

Original Poster:

15 posts

31 months

Monday 11th March 2024
quotequote all
Thanks all! It is a salary sacrifice scheme - they said they fix the car but the appointment they gave me is in one month.... not really a great service! I can ask for a temporary car but I have nowhere to park it as I already pay for the other car's parking space.

The best solution would be for me to just return the car but both the leasing company and my employer are playing deaf and not being helpful

Actual

1,724 posts

136 months

Monday 11th March 2024
quotequote all
nm36.hw said:
Thanks all! It is a salary sacrifice scheme - they said they fix the car but the appointment they gave me is in one month.... not really a great service! I can ask for a temporary car but I have nowhere to park it as I already pay for the other car's parking space.

The best solution would be for me to just return the car but both the leasing company and my employer are playing deaf and not being helpful
Change employer.

Sorry for that. I am genuinely interested to know what your liabilities are for a salary sacrifice scheme if you leave your employment. Are you still liable for the lease or is it your employer?

essayer

10,410 posts

224 months

Monday 11th March 2024
quotequote all
Actual said:
Change employer.

Sorry for that. I am genuinely interested to know what your liabilities are for a salary sacrifice scheme if you leave your employment. Are you still liable for the lease or is it your employer?
At my place I'm on the hook for the gross cost or the early return fee !
I don't think most schemes work like that though.

nm36.hw

Original Poster:

15 posts

31 months

Monday 11th March 2024
quotequote all
I think if I leave the company I will have to pay an early termination fee (Around 4 months of running costs). Which is the same I would have to pay if I return the care for whichever other reason... the thing here is, I should not be paying for early return at all as the care they gave me is faulty...

nm36.hw

Original Poster:

15 posts

31 months

Monday 11th March 2024
quotequote all
I think if I leave the company I will have to pay an early termination fee (Around 4 months of running costs). Which is the same I would have to pay if I return the care for whichever other reason... the thing here is, I should not be paying for early return at all as the care they gave me is faulty...