Family Lease Car Contract - Please Help

[crxvt]

Hello and i hope you people can help as I am really worried right now!!

This is regarding a Car Contract that I had while working for the NHS. The contract was on a Salary Sacrifice Scheme.

Car ownership was 5/7/11 – 28/7/12 - almost 3 years ago

I received a letter a few months ago requesting for payment:

£230 - for Under Paid Salary Sacrifice Lease
£1200 - For unpaid Early Termination.

Terms :

'The trust will consider paying an early termination costs deemed fit if you retire on Ill health grounds or are made compulsory redundant. you are liable to pay the early termination costs in all other circumstances'

''I understand that the car will be ordered on my behalf and i shall be bound to the scheme until the contract formally expires or my employment with the employing organization ceases'

'In the event that your employment ceases before the end of the lease then any termination charges (as set out in the policy lease scheme) will be recoverable from your net pay"


I hope that is enough for you people to advise me. The story goes

My contract was terminated from the Trust as I was off sick with stress while i was going through a divorce. What i want to know is, do I have any ground to fight this?
No-one recovered anything from my net pay at the time? Can i fight this on the grounds that the terms are un-reasonable? i mean it was out of my hands i was not fit to work and my contract was terminated now I am expected to pay?

Thanks in advance!

[teaboy2]

Re: Family Lease Car Contract - Please Help

On what grounds did they dismiss you? Capability?

How long where you off sick for?

did they send you to occupational health? - If so, what was the out come of this?

Did they follow the Acas code of conduct on disciplinary and grievance procedures, or in deed their own disciplinary and grievance procedure?

Where you signed off sick by your doctor?

[matt3942]

Re: Family Lease Car Contract - Please Help

Hi [MENTION=69400]crxvt[/MENTION]

Based solely on the information you've provided I would say you are obliged to pay the outstanding costs. The agreement states you will be liable to pay the early termination costs unless you retire on ill health, or are made redundant, neither of which happened. Presumably you were dismissed because of capability due to long-term ill health.

I have leased vehicles through my work and it is a costly affair. I would say the costs stated are not unreasonable.

If you reply to teaboy2's questions you may find you have some leverage to get out of the agreement; however, the NHS is not an organisation that backs down easily so you should prepare yourself to make arrangements to pay the outstanding costs in due course.

- Matt