Legal Q re: Vehicle Lease
Discussion
Hi,
hoping there is a legal eagle here that can advise.
March 2005 I lease a vehicle for 6 months, this period was extended several times up to March 2006 when I was told it had to come off hire and was replaced with another (18 month old) vehicle on a month rolling lease (no contract for this part).
The first vehicle arrived immaculate and went back immaculate.
The 2nd had engine failure 2 days before collection and was tken to a main dealer for repair - the company were informed but did nothing to arrange an off lease meeting.
I sent several emails recently enquiring about the refundable deposit I placed (on the first vehilce, 2nd had none), and heard nothing.
This week I sent a stronger email requesting payment within 7 days, the reply to which was 'call us'
I did not call and mailed back asking all comms to be kept to mail
The reply was I had caused several extra damage marks and they would be keeping the deposit
I stated that the original 'out' form for the 2nd vehicle clearly showed many marks and I had caused no further damage, in addition, as the vehicle had been sat at the main dealer for 6 weeks (they claim it was collected Tuesday) how could they attribute the damage to me
Also reinstated the request for refund
No reply has been forthcoming, so is it worth sending a Letter Before Action (with a view to going the small claims route)?
In this situation, is the burden of proof on them or me?
Thanks for any help!
MN
Then
hoping there is a legal eagle here that can advise.
March 2005 I lease a vehicle for 6 months, this period was extended several times up to March 2006 when I was told it had to come off hire and was replaced with another (18 month old) vehicle on a month rolling lease (no contract for this part).
The first vehicle arrived immaculate and went back immaculate.
The 2nd had engine failure 2 days before collection and was tken to a main dealer for repair - the company were informed but did nothing to arrange an off lease meeting.
I sent several emails recently enquiring about the refundable deposit I placed (on the first vehilce, 2nd had none), and heard nothing.
This week I sent a stronger email requesting payment within 7 days, the reply to which was 'call us'
I did not call and mailed back asking all comms to be kept to mail
The reply was I had caused several extra damage marks and they would be keeping the deposit
I stated that the original 'out' form for the 2nd vehicle clearly showed many marks and I had caused no further damage, in addition, as the vehicle had been sat at the main dealer for 6 weeks (they claim it was collected Tuesday) how could they attribute the damage to me
Also reinstated the request for refund
No reply has been forthcoming, so is it worth sending a Letter Before Action (with a view to going the small claims route)?
In this situation, is the burden of proof on them or me?
Thanks for any help!
MN
Then
When the first vehicle went off lease and was collected, did the driver who collected it fill out a condition report, and if so, did he give you a copy of it?
Edit to say: Ignore that, I re-read your post and the damage relates to the second vehicle.
Edit to say: Ignore that, I re-read your post and the damage relates to the second vehicle.
Edited by Phil Hopkins on Sunday 23 July 14:07
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