Business Car Lease Issue

[Powerfully Built Company Directors Secretary]

Hi all, I'm after a bit of advice on a business car lease I'm currently in. I'll try and be as informative as possible but want to keep it somewhat vague in case said company finds this post.. this is in relation to a term in the contract about a replacement car.

So, timeline of events:

• Jan 2024 I engage in a chat with a specialist lease company that provide cars for my line of work (teaching people to drive). I discuss the requirement of needing another car should the one I get from them go off the road due to numerous issues with my old car. They say they provide this within 48 hours of the car going into the garage as standard

• Feb 2024 I sign the contract and pay deposit. Contract says "We shall only provide a Relief Vehicle if the Vehicle has been unfit for use due to mechanical failure for 48 hours.". Their service document (it outlines service intervals etc and who to call for service/breakdown) says "You will receive a replacement car 48 hours after you have reported to our breakdown department the car is off the road and at the garage."

There are no other terms regarding timescales of the replacement car, and nothing saying it isn't guaranteed.

• Mar 2024 car arrives, all happy

So, onto my issue now. Due to something slightly unrelated (their service booking provider ballsed up and cost me two days work) they've informed me that, apparently, their terms are that the 48 hours isn't guaranteed and it is subject to availability. There is nothing in writing stating this on my contract, documentation or their website.

To me, I was under the impression that, based on the terms I was told and signed, I would get a replacement car within that timescale and as such, my income wouldn't be affected and had they told me it wasn't guaranteed, I may not have entered into this contract. This is quite important to me as my lease car has already been back to the manufacturer three separate times for various issues.

I have emailed them back stating all of this, and their response is the same in that it is a minimum time off the road, not a guaranteed turnaround.

My question is, would this be a potential breach of contract or have I misread it? I appreciate that my car may be faultless for the remaining two years but should it not be, I don't want to be fighting should they say "can't get you a car, sorry".

And for anyone wondering, this isn't me looking for a way to exit the lease early without penalty (even though their termination clause is only written as if they cancel it, not me..). I'm genuinely happy with the car (bar the faults it has had) and, until now, the service from the lease company.

Thanks in advance.

[StevieBee]

Powerfully Built Company Directors Secretary said:

My question is, would this be a potential breach of contract or have I misread it?.

Sad to say that from what you have described, I'd say no because your expectation / understanding of the service are not written in the contract or initial offer.

They may well have said they'd cover the eventuality but without documented evidence of that conversation, it's a classic case of 'he-said-she-said'.

Your only possible solution is to see if the provision of a second car is common amongst other similar providers. If it is, then a lawyer may argue 'industry norm' in your defence.

Or if phone calls are recorded, you do have a right to the recording during which the terms were discussed.

[Powerfully Built Company Directors Secretary]

StevieBee said:

Powerfully Built Company Directors Secretary said:

My question is, would this be a potential breach of contract or have I misread it?.

Sad to say that from what you have described, I'd say no because your expectation / understanding of the service are not written in the contract or initial offer.

They may well have said they'd cover the eventuality but without documented evidence of that conversation, it's a classic case of 'he-said-she-said'.

Your only possible solution is to see if the provision of a second car is common amongst other similar providers. If it is, then a lawyer may argue 'industry norm' in your defence.

Or if phone calls are recorded, you do have a right to the recording during which the terms were discussed.

Thanks for your reply. All conversations (bar signing of the contract which was email) all took place over Whatsapp and that part of the conversation has been screenshotted too.

It is a common thing amongst other providers, but everyone's terms differ and some are 24 hours instead of 48.

[POORCARDEALER]

If the leasing co is Leaseplan , good luck , they are masters of passing the buck

[Powerfully Built Company Directors Secretary]

POORCARDEALER said:

If the leasing co is Leaseplan , good luck , they are masters of passing the buck

They're not, thankfully. They're a specialist for driving instructors.

[StevieBee]

Powerfully Built Company Directors Secretary said:

StevieBee said:

Powerfully Built Company Directors Secretary said:

My question is, would this be a potential breach of contract or have I misread it?.

Sad to say that from what you have described, I'd say no because your expectation / understanding of the service are not written in the contract or initial offer.

They may well have said they'd cover the eventuality but without documented evidence of that conversation, it's a classic case of 'he-said-she-said'.

Your only possible solution is to see if the provision of a second car is common amongst other similar providers. If it is, then a lawyer may argue 'industry norm' in your defence.

Or if phone calls are recorded, you do have a right to the recording during which the terms were discussed.

Thanks for your reply. All conversations (bar signing of the contract which was email) all took place over Whatsapp and that part of the conversation has been screenshotted too.

It is a common thing amongst other providers, but everyone's terms differ and some are 24 hours instead of 48.

In that case, I'd say pendulum swings back in your favour a tad. Send the screenshot chats, explain that was the basis for you to go with them and see what they say.

Let us know how you get on.

[Powerfully Built Company Directors Secretary]

StevieBee said:

Powerfully Built Company Directors Secretary said:

StevieBee said:

Powerfully Built Company Directors Secretary said:

My question is, would this be a potential breach of contract or have I misread it?.

Sad to say that from what you have described, I'd say no because your expectation / understanding of the service are not written in the contract or initial offer.

They may well have said they'd cover the eventuality but without documented evidence of that conversation, it's a classic case of 'he-said-she-said'.

Your only possible solution is to see if the provision of a second car is common amongst other similar providers. If it is, then a lawyer may argue 'industry norm' in your defence.

Or if phone calls are recorded, you do have a right to the recording during which the terms were discussed.

Thanks for your reply. All conversations (bar signing of the contract which was email) all took place over Whatsapp and that part of the conversation has been screenshotted too.

It is a common thing amongst other providers, but everyone's terms differ and some are 24 hours instead of 48.

In that case, I'd say pendulum swings back in your favour a tad. Send the screenshot chats, explain that was the basis for you to go with them and see what they say.

Let us know how you get on.

In my last email to them I did send them the screenshot of the chat, along with my contract wording etc and that it was largely on this basis I went with them.

Sadly, they're digging their heels in with their latest response.

I feel that it'll be a case of the lease continuing for the remaining 2yrs 2mths and me claiming costs should they fail to deliver another car within the 48hrs.

Thankfully I've not needed to use the replacement car yet (there was a time my car was out for 3 days but I agreed with them at that time not to worry as it was guaranteed I'd get the car back by the 3rd day and, as I'd have to insure it for a week at a time, wasn't worth the cost). Plus it's potentially about to go in for a clutch which, due to Ford wanting to test it for a few days, means I might actually have to test this turnaround time.