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VW GOLF TSI GT 160 DSG - Lease car company - no loan car or recovery? - zango

Hi,

I have posted elsewhere about my problems with this car, so won't bore you with a repeat of the details.

The first time the engine failed, I dealt direct with the VW dealer without involving the lease company. I had a VW loan car for the duration of the repair (1 month). However, the week before it failed I had called the lease company assistance number who had the RAC attend and fit a new coil pack.

The second time the engine failed I called the lease company immediately who recovered the car (RAC again) and me to the same VW dealer. The RAC also arranged a hire car for me.

Today the lease company phoned and told me that I am not entitled to either recovery or a hire car because I did not take out the "maintenance" option with the car lease. The claim that this is in the contract.

What the contract actually states that if you take out the maintenance option you are guaranteed a replacement car within 2 hours. This appears to be an enhanced level of service. There is no mention of what the standard level of service should be. Therefore, I believe that their interpretation is incorrect and it is unreasonable for them to charge a car lease payment and provide no service in return. The lease company are the supplier not VW. Therefore, surely my contract and therefore claim should be against them in the first instance.

We are not talking about the odd day here, the car is likely to be away for a week or two at least.

What are my options?

Thanks, Pete

VW GOLF TSI GT 160 DSG - Lease car company - no loan car or recovery? - leaseman

Car leasing companies will offer a range of services to be included in the contract and it is up to the Lessee (you) to choose (and pay for, within the rentals) what options you need.

The two basic options are "non-maintained" and "fully maintained" but these options cover exactly what it says in the contract, and I have known fully maintained contracts to have restrictions on, for instance, the provision of tyres, recovery and replacement vehicle whenever the car is off the road for mechanical or accident reasons. This latter option is covered by very few leases as the cost of it will add a considerable amount to the rentals. I have not sold such a service for over seven years!!

Yours is a non-maintained contract and will not include any of these options. This is the type of contract that is, obviously, the cheapest and, therefore, the type that is widely advertised. Your car was covered for the first 12 months for roadside assistance and recovery under the terms of the manufacturer's warranty and it would have been up to you to arrange cover after this period.

Interestingly, one of the largest leasing companies have stopped providing this type of lease to private individuals, probably because they get a lot of grief from lessees that don't know what they've bought. I will always explain, in simple terms, what my clients are contracting, but many brokers, car salesmen etc. sell on price only.

Normally, a manufacturer will supply a courtesy car, through their dealer, in the event of prolonged mechanical breakdown occurring during the warranty period. But each manufacturer has it's own rules on this. Most of them will only provide this service if the car is recovered to the dealer by their recovery service. Some will only cover the first 12 months.

It gets more complicated and I've said enough for now, but I trust that this has given you a basic understanding. My advice, as usual, is not to sign any contract until you know what you're buying. Unfortunately, this is not heeded by most individuals and leads to this kind of predicament.

VW GOLF TSI GT 160 DSG - Lease car company - no loan car or recovery? - zango

Hi Leaseman,

Thanks for the explanation.

The complication is that when I took out the lease I read the contract. When I could not find any clauses about replacement vehicles, I queried this with the lease (internet advertised) company who assured me that an equivalent replacement vehicle would be provided if mine was off the road for any length of time. Unfortunately this was verbal rather than written.

So if I understand it correctly, the lease companies responsibility ends when they deliver the car and you are simply paying in installments rather than actually leasing it? This is the only way I can see that they would legally have the position you describe. In which case surely I could reject the car as being unfit for purpose under the sale of goods act?

Cheers Peter

VW GOLF TSI GT 160 DSG - Lease car company - no loan car or recovery? - leaseman

Hi Peter.

I've not read your previous posting about your problems, so no idea about time scale, mileage etc. However, if you are claiming that the car is of unsatisfactory quality, then your case would certainly be against the supplier of the car, the leasing company. This would be exactly the same whether you are leasing the car or buying it under some form of instalment credit arrangement.

They would involve the supplying dealer who would then involve the manufacturer. Such an unwieldy chain is usually circumvented by you dealing directly with the dealer who has fixed ( or not as the case may be) your car following you putting your case in writing to the leasing company.

The vague legalities of unsatisfactory quality are far too complex to cover here, and I'm sure that Lucy is better placed than I to advise on such a claim.

As for your verbal assurance that a replacement car would be provided- this was probably made by a broker with whom you were dealing, rather than directly by the leasing company with whom you have a written contract. Have you been back to them to complain?

VW GOLF TSI GT 160 DSG - Lease car company - no loan car or recovery? - zango

Hi Leaseman,

Thanks again for more answers.

The car is 21months old, having covered 35K miles out a 36 month 60K mile contract.

I run my own small business, so this is a business lease. I have other cars which are all owned. I have the top AA cover which includes the two days car hire if the vehicle is unrepairable. If I had been told by the lease company I was not covered I would have used the AA instead.

I am still struggling with the concept of making a monthly lease payment and not receiving a service (i.e. a working car) in return. Hence why I was inclined to believe the broker when they provided an assurance, which would now seem to be untrue.

If this is an accepted business practice then no wonder that private customers object. I suspect that many large companies simply pay up without checking what the lease company is charging for.

The good news appears to be that they have waived the charges provide that I return the hire car at the end of the two day period. I have managed to arrange a loan car from the dealer from then until the repair is completed.

Cheers Peter