Disputing invoices for damage / hire from VWFS
Discussion
Will try keep this short. My mum had a VW eup on lease, extended by a year. It was then off the road for many months and several attempts at a fix this year. We went through the VW formal complaints process and they agreed to take the car back on the 26th June this year, and gave a refund of payments. The car was therefore left with VW Derby (still knackered). Result, and all sorted I thought. The last time the car was in her possession was the 11th April.
This week she has now received two invoices, one for £55 for 'cold metal repair' ', and a other for £150 for' extra days hire'. She never had a hire car for a start as she was over the age allowed (75). Theres no explanation, no pictures and no other previous letters regarding this.
The invoices state 14 days payment, so Obv she's terrified of getting in to trouble, but I don't think she should be paying them. I rang VW customer service on wednesday (I'm on the account with permission to speak) who said they weren't able to help, but the VW experience team would ring me back within 72 hours, which has now passed. Not surprising given my many previous calls with them.
I'll reply to our previous complaint email so at least they'll see the chain but they tend to take 2 weeks to respond.
With the invoice there is no photo of the damage, and no explanation. The car had done around 4000 miles when handed back and in pristine condition, so any damage imo was likely to have occurred at volkswagen derby where the car has remained since April until last week when they inspected it. Surely they legally can't request payment for damages months after the agreement ending? The last time she had the car in her possession was 10th April.
Am I therefore best to say on the email that I will make the payment under duress (only got until Tuesday left according to their letter) , but will take them to small claims court to recover the money paid, plus the small claims fee, plus interest, plus compensation for my time?
VW Cs are useless so no point calling them
This week she has now received two invoices, one for £55 for 'cold metal repair' ', and a other for £150 for' extra days hire'. She never had a hire car for a start as she was over the age allowed (75). Theres no explanation, no pictures and no other previous letters regarding this.
The invoices state 14 days payment, so Obv she's terrified of getting in to trouble, but I don't think she should be paying them. I rang VW customer service on wednesday (I'm on the account with permission to speak) who said they weren't able to help, but the VW experience team would ring me back within 72 hours, which has now passed. Not surprising given my many previous calls with them.
I'll reply to our previous complaint email so at least they'll see the chain but they tend to take 2 weeks to respond.
With the invoice there is no photo of the damage, and no explanation. The car had done around 4000 miles when handed back and in pristine condition, so any damage imo was likely to have occurred at volkswagen derby where the car has remained since April until last week when they inspected it. Surely they legally can't request payment for damages months after the agreement ending? The last time she had the car in her possession was 10th April.
Am I therefore best to say on the email that I will make the payment under duress (only got until Tuesday left according to their letter) , but will take them to small claims court to recover the money paid, plus the small claims fee, plus interest, plus compensation for my time?
VW Cs are useless so no point calling them
Don’t pay, and cancel any direct debits. Nothing will happen in the short term.
When was the planned end date of the lease?
In June did your mum get confirmation that it had been terminated, and monthly payments ended, etc?
Are you dealing with VW, or VW Financial Services? In theory, different companies..
When was the planned end date of the lease?
In June did your mum get confirmation that it had been terminated, and monthly payments ended, etc?
Are you dealing with VW, or VW Financial Services? In theory, different companies..
Why pay then go to court to get it back? Make them go to court if they think the charge is justified.
IANAL but as far as I understand your credit rating is only affected if they take you to court, you lose, then don't pay the charge at that point.
They can't recover their legal expenses so will surely take a close look before doing anything more than sending more letters.
Did anyone take photos when handing the car back?
IANAL but as far as I understand your credit rating is only affected if they take you to court, you lose, then don't pay the charge at that point.
They can't recover their legal expenses so will surely take a close look before doing anything more than sending more letters.
Did anyone take photos when handing the car back?
The service manager was happy to take the car back as it. I dropped the charger off with the spare key, the car was on a ramp in the workshop. I asked if I needed to sign anything and they said no as they'd been in contact with VW customer services.
The email said they'd accept the car back as a 'goodwill' gesture. The last payment made was on the 17th June.
VW CS emailed to say they had started the handover process on the 28th June, so that was that, as far as we were aware.
I get what you're saying about letting them take her to court, but shes elderly, widowed and would be terrified of the idea of court and being accused of doing something wrong, even though in reality it would just be some bloke in a chair. If we're the ones taking legal action, then its more we're on the offensive and as I'm on the account (and will soon be getting power of attorney) I'll be the one preparing the paperwork.
The lease was extended in November 2023 (started Nov 21), due to run to 2024 - this was actually the cause of the complaint, the car went wrong in december, was offroad for 2 months, and then broke again with the same fault (hence the low mileage). The terms of the lease say an extension could be handed back any time, so we started the handback with VWFS but they said they wouldnt accept the car back while broken. She was still paying the lease payments and after going through the official complaints process, let her hand it back on the 26th 'as a gesture of goodwill' and returned 50% of the lease payments (for April, May and June I believe).
The last time she had the car in her posession was 10th april, so imo, and I'm hoping a judges opinion, is that the damage was more likely caused by the numerous technicians working on it, road testing and leaving it in the VW public car park. It looks like the inspection took place in september, so given the contract was officially ended, i don't see how she can be made liable now.
Anyway, if I end up paying the £55 'damage' fee, so be it, where they can f
k right off with the hire charge
Edit - this actually got me thinking - I had a text message probably early august from VW saying that the car is booked in for repair, I presume sold to an unsuspecting mug who then experienced the same problem (if you're on here and your reg starts with VK71, good luck), but obviously my details were on the system, so I thought nothing more of it.
Edit 2 - I'm dealing with VWFS. I think VW derby are somehow even more incompetent. No official 'end of contract' letter, other than the one accompanying the invoices about end of contract options, which obviously doesnt apply, but again highlights how two departments don't speak to each other. DD are cancelled as contract is ended.
The email said they'd accept the car back as a 'goodwill' gesture. The last payment made was on the 17th June.
VW CS emailed to say they had started the handover process on the 28th June, so that was that, as far as we were aware.
I get what you're saying about letting them take her to court, but shes elderly, widowed and would be terrified of the idea of court and being accused of doing something wrong, even though in reality it would just be some bloke in a chair. If we're the ones taking legal action, then its more we're on the offensive and as I'm on the account (and will soon be getting power of attorney) I'll be the one preparing the paperwork.
The lease was extended in November 2023 (started Nov 21), due to run to 2024 - this was actually the cause of the complaint, the car went wrong in december, was offroad for 2 months, and then broke again with the same fault (hence the low mileage). The terms of the lease say an extension could be handed back any time, so we started the handback with VWFS but they said they wouldnt accept the car back while broken. She was still paying the lease payments and after going through the official complaints process, let her hand it back on the 26th 'as a gesture of goodwill' and returned 50% of the lease payments (for April, May and June I believe).
The last time she had the car in her posession was 10th april, so imo, and I'm hoping a judges opinion, is that the damage was more likely caused by the numerous technicians working on it, road testing and leaving it in the VW public car park. It looks like the inspection took place in september, so given the contract was officially ended, i don't see how she can be made liable now.
Anyway, if I end up paying the £55 'damage' fee, so be it, where they can f
k right off with the hire chargeEdit - this actually got me thinking - I had a text message probably early august from VW saying that the car is booked in for repair, I presume sold to an unsuspecting mug who then experienced the same problem (if you're on here and your reg starts with VK71, good luck), but obviously my details were on the system, so I thought nothing more of it.
Edit 2 - I'm dealing with VWFS. I think VW derby are somehow even more incompetent. No official 'end of contract' letter, other than the one accompanying the invoices about end of contract options, which obviously doesnt apply, but again highlights how two departments don't speak to each other. DD are cancelled as contract is ended.
Edited by jaydeeuk1 on Saturday 21st September 22:16
Anyway, this was the email reply to the original complaint just for interest:
Thank you for contacting Volkswagen Financial Services on 13 May 2024, I am sorry you have had cause to complain.
Your Complaint
My understanding of your complaint is as follows:
You are dissatisfied with the overall quality of the vehicle, which was taken to Volkswagen Derby in April 2024 and has remained there since. You are seeking options to terminate the lease agreement, as continuing to pay for a vehicle that is not in your possession is not feasible.
My Investigation
Thank you for taking the time to discuss your concerns with me directly, as discussed, I am sorry for any frustration, inconvenience and loss of enjoyment this matter has caused. I have investigated your concerns and I have spoken to Ahkil at Derby Volkswagen, who confirmed to me the issues with the EPC light are still ongoing, and they are continuing to discuss this with the technical team at Volkswagen, however at this time they are unable to repair the vehicle and return it to you.
I confirm that it is our standard procedure to conclude the lease agreement once the vehicle is repaired and returned to you, in accordance with the contract you have directly signed with us. However, on this occasion, I have agreed to communicate weekly with the retailer until the vehicle is repaired. Based on this, I am prepared to terminate the lease agreement as a gesture of goodwill and then retrieve the vehicle once it is repaired. This action will prevent any future payments from being collected from you. Additionally, I have offered a goodwill gesture amounting to 50% of the three monthly payments you have made while the vehicle was under repair at the retailer, which totals £232.72.
As agreed I will leave this offer open for a period of 14 days from the date of this email, please contact me on the details below should you wish to accept this in resolutions to your raised concerns.
My Decision
I uphold your complaint and hope the actions taken goes someway to restoring your faith in the Volkswagen brand.
Thank you for contacting Volkswagen Financial Services on 13 May 2024, I am sorry you have had cause to complain.
Your Complaint
My understanding of your complaint is as follows:
You are dissatisfied with the overall quality of the vehicle, which was taken to Volkswagen Derby in April 2024 and has remained there since. You are seeking options to terminate the lease agreement, as continuing to pay for a vehicle that is not in your possession is not feasible.
My Investigation
Thank you for taking the time to discuss your concerns with me directly, as discussed, I am sorry for any frustration, inconvenience and loss of enjoyment this matter has caused. I have investigated your concerns and I have spoken to Ahkil at Derby Volkswagen, who confirmed to me the issues with the EPC light are still ongoing, and they are continuing to discuss this with the technical team at Volkswagen, however at this time they are unable to repair the vehicle and return it to you.
I confirm that it is our standard procedure to conclude the lease agreement once the vehicle is repaired and returned to you, in accordance with the contract you have directly signed with us. However, on this occasion, I have agreed to communicate weekly with the retailer until the vehicle is repaired. Based on this, I am prepared to terminate the lease agreement as a gesture of goodwill and then retrieve the vehicle once it is repaired. This action will prevent any future payments from being collected from you. Additionally, I have offered a goodwill gesture amounting to 50% of the three monthly payments you have made while the vehicle was under repair at the retailer, which totals £232.72.
As agreed I will leave this offer open for a period of 14 days from the date of this email, please contact me on the details below should you wish to accept this in resolutions to your raised concerns.
My Decision
I uphold your complaint and hope the actions taken goes someway to restoring your faith in the Volkswagen brand.
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