Merc X250D, Excessive repair costs after lease

[asteroth]

HI All,

Just wanted a little advice from more experiences leasers. My Merc pickup went back in June, I have now received a bill for £1400 for repairs 3 months after collection. There was no inspection on collection, or even any paperwork "No mate, just give me the keys" was the attitude.

For a 2 year old Light Commercial, the truck was in exceptional condition, a couple dings in the tail gate and a scratch here and there but otherwise perfect. Has anyone had experience disputing repairs? Merc want to respray a huge portion of the pickup and have called out some bird crap marks, basically bringing the truck back to 'as new' condition which I feel is not congruent with 'Fair Wear and Tear'

I have been sent a bille by BCA, the auction people, does that mean Merc has already sold the truck?

Any thoughts?

Cheers
Rick.

[Crossbot]

Is this the first time you're hearing that there would be any charges and are the lease company a BVRLA member? If they are, the code of conduct says they must inform you of any charges within 4 weeks of collection.

https://www.bvrla.co.uk/resource/leasing-and-fleet...

[asteroth]

Crossbot said:

Is this the first time you're hearing that there would be any charges and are the lease company a BVRLA member? If they are, the code of conduct says they must inform you of any charges within 4 weeks of collection.

https://www.bvrla.co.uk/resource/leasing-and-fleet...

Hi mate,

I called them 2 weeks ago and was told then there were charges but they couldn't tell me how much. I received an email today for the first time with charges. Yes they are part of the BVRLA. They have certainly breached the 4 week limit, where does that leave me?

Thanks

[Bumblebee7]

Can't help, but following with interest as my dad had a similar experience. Mercedes are known for it but it certainly does appear they expect the car to be used for the duration of the PCP/lease and then effectively return to them in as new condition which is utterly bonkers.

[Crossbot]

asteroth said:

Hi mate,

I called them 2 weeks ago and was told then there were charges but they couldn't tell me how much. I received an email today for the first time with charges. Yes they are part of the BVRLA. They have certainly breached the 4 week limit, where does that leave me?

Thanks

I'm not entirely sure, I've recently challenged some charges on that basis, they said they would get back to me, that was almost 4 weeks ago.

[asteroth]

Crossbot said:

I'm not entirely sure, I've recently challenged some charges on that basis, they said they would get back to me, that was almost 4 weeks ago.

Ok, thanks. Hopefully it won't have to go to arbritration.

[asteroth]

Bumblebee7 said:

Can't help, but following with interest as my dad had a similar experience. Mercedes are known for it but it certainly does appear they expect the car to be used for the duration of the PCP/lease and then effectively return to them in as new condition which is utterly bonkers.

That's exactly what I said. It's a LCV not a bleeding E-Class that's been used for the school run. This is fair wear and tear for an LCV.

[Crossbot]

asteroth said:

Ok, thanks. Hopefully it won't have to go to arbritration.

The process for disputing charges on the basis of fair wear and tear or excessive charges is that you will pay for an independent inspection, the result of which is final so it may end up costing more in the long run, if the inspector sides with you then the lease company will have to refund you for the cost of the inspection.

That's the reason I've gone down the route I have, I felt like the charges were excessive but the 4 week deadline is a more black and white issue, if the BVRLA regulations are worth a damn then I don't see how I end up paying anything.

Edited by Crossbot on Wednesday 2nd September 21:01

[Sheepshanks]

asteroth said:

I called them 2 weeks ago and was told then there were charges but they couldn't tell me how much.

What prompted you to call them?

[anonymous-user]

asteroth said:

That's exactly what I said. It's a LCV not a bleeding E-Class that's been used for the school run. This is fair wear and tear for an LCV.

I suspect this is the issue. Fair wear and tear is what is defined in the agreement with the lease company. Unless explicitly stated in the agreement there is no “fair for an LCV” criteria, it will be based on the standard BVRLA guidelines. What do the fair wear and tear definitions say for your agreement and does the damage fall inside or outside of the acceptable damage?

Edited by anonymous-user on Wednesday 2nd September 21:06

[dmsims]

charltjr said:

I suspect this is the issue. Fair wear and tear is what is defined in the agreement with the lease company. Unless explicitly stated in the agreement there is no “fair for an LCV” criteria, it will be based on the standard BVRLA guidelines. What do the fair wear and tear definitions say for your agreement and does the damage fall inside or outside of the acceptable damage?

Edited by charltjr on Wednesday 2nd September 21:06

https://www.bvrla.co.uk/product/lcv-fair-wear-and-tear-guide.html

[asteroth]

Sheepshanks said:

What prompted you to call them?

They called me and left a voice mail saying there were charges.

[loskie]

The fair wear and tear is interesting:
Should you have a 12m lease for 5000m then the amount of W&T expected would be minimal compared to a 36m lease that's covered 60000m in total.
But I don't think the lease co's look at it like that or do they?
If not they should.

[The Mad Monk]

loskie said:

The fair wear and tear is interesting:
Should you have a 12m lease for 5000m then the amount of W&T expected would be minimal compared to a 36m lease that's covered 60000m in total.
But I don't think the lease co's look at it like that or do they?
If not they should.

Perhaps, in a lease for a 'works van/pick up' type of use, one should either avoid leasing altogether, or buy the vehicle at the end of the lease?

Easier said than done, sometimes.

[asteroth]

I have made an official compalint with MBFS and rejected the entire damage report. Will keep y'all posted.

[R2x]

You have done the right thing in raising a complaint with MBFS initially.

If they do not see sense, raise a complaint with BVRLA.

In line with BVRLA guidance, the end of lease key points are below.

It sounds like none of this has been done, so your complaint should be easily upheld, since there is no way to confirm that the BCA driver didn’t plow the car into a crash barrier after collection.

FROM BVRLA
At the point of collecting/returning the vehicle

¤ A representative of the leasing member and the customer must check and agree on the vehicle’s condition when the vehicle is collected from the customer.

¤ All readily apparent vehicle damage will be noted and signed for by both parties on the collection sheet.

¤ If, for whatever reason, a vehicle condition inspection is not possible, then this should be agreed in writing, with a clear explanation of the reason for non-inspection.

¤ If the collection goes ahead but a full inspection cannot be completed – due to poor weather or the vehicle being very dirty, for example – a note of this should be made on the inspection form and signed for by the customer.

¤ The representative of the leasing member must ensure that the customer has been advised that after the vehicle has been collected it will undergo an inspection in line with the agreed fair wear and tear policy/return conditions and informed of any charges that may arise.

[asteroth]

R2x said:

You have done the right thing in raising a complaint with MBFS initially.

If they do not see sense, raise a complaint with BVRLA.

In line with BVRLA guidance, the end of lease key points are below.

It sounds like none of this has been done, so your complaint should be easily upheld, since there is no way to confirm that the BCA driver didn’t plow the car into a crash barrier after collection.

FROM BVRLA
At the point of collecting/returning the vehicle

¤ A representative of the leasing member and the customer must check and agree on the vehicle’s condition when the vehicle is collected from the customer.

¤ All readily apparent vehicle damage will be noted and signed for by both parties on the collection sheet.

¤ If, for whatever reason, a vehicle condition inspection is not possible, then this should be agreed in writing, with a clear explanation of the reason for non-inspection.

¤ If the collection goes ahead but a full inspection cannot be completed – due to poor weather or the vehicle being very dirty, for example – a note of this should be made on the inspection form and signed for by the customer.

¤ The representative of the leasing member must ensure that the customer has been advised that after the vehicle has been collected it will undergo an inspection in line with the agreed fair wear and tear policy/return conditions and informed of any charges that may arise.

Thanks mate, hopefully they see sense.

[anonymous-user]

Is the damage more than the fair wear and tear guidelines you signed up to though? It sounds like it probably is, unless you have a different set on account of it being a commercial vehicle. Have you checked?

[R2x]

The car could have been on fire when BCA collected it - it wouldn’t change fact that there was no inspection or signed report, and that charges are now being levied 3 months later - 2 months past the BVRLA-set timescale.

No inspection and late charges will make it very very hard for BCA/MBFS to reclaim the charges from the OP, regardless of how valid the charges may be.

[Crossbot]

Crossbot said:

asteroth said:

Hi mate,

I called them 2 weeks ago and was told then there were charges but they couldn't tell me how much. I received an email today for the first time with charges. Yes they are part of the BVRLA. They have certainly breached the 4 week limit, where does that leave me?

Thanks

I'm not entirely sure, I've recently challenged some charges on that basis, they said they would get back to me, that was almost 4 weeks ago.

Just to update this, I've now been informed that my invoice has been cancelled as they failed to meet the deadline.

Mine wasn't Merc/BCA but hopefully you'll have the same outcome if you've challenged it on the same thing.