Lease Car Return Repair Costs

[mulcahyms]

Hi all, wonder if someone can give me some advice. I have recently returned my lease car. When they came to collect the car the guy did a report on the state of the car. There were various things noted, all of which I agreed with....and one of them was a hole in the carpet where my foot after four years had worn through it.

Arval have since written to me asking for £770 for the repair to the carpet. The car was a Kia Sportage. When I took delivery of the car at the start of the lease it did not come with any car mats and for whatever reason I didn't buy any. I still do not understand how a company can provide nearly £30k worth of car and not provide car mats if they believe necessary.

I've written back to Arval disputing the claim, stating that the car was never supplied with car mats, so if they expected the carpet to be protected then surely they would provide some mats, especially as it was such an expensive car.

They are saying that I signed the lease agreement and I am liable for the damage. The clause that they are pointing to is as follows:

2.1.3 At the end of the Contract Term (or on early termination of this Agreement or late return of the Vehicle) the Hirer will make the Vehicle available for collection. On behalf of ARVAL a representative will complete an initial report on the mechanical and bodywork condition of the Vehicle including its milometer reading. The Hirer or its representative will sign a copy of that report. If the Hirer or representative fails or unreasonably refuses to sign such report ARVAL reserves the right to make such charges pursuant to this Agreement as it shall reasonably think fit. ARVAL shall invoice the Hirer for the cost of repairs (whether or not carried out) to a Vehicle returned to ARVAL that is subject to damage which, in accordance with the BVRLA Fair Wear and Tear Guide for the Contract Hire Industry, would constitute unfair wear and tear and/ or for any diminution of the value of the Vehicle resulting from a previous repair to the Vehicle. All invoices for unfair wear and tear charges must be paid by the Hirer in accordance with Clause 3 of this Agreement.

I had understood that I would be liable for the mechanical and bodywork of the car as per the agreement above but had assumed (and I guess wrongly) that the BVRLA reference was referring to the mechanical and bodywork condition...not everything else.

I think £770 is unreasonable and have asked for a copy of the quote / estimate.

Can you please help, I have several questions.....
1. Do you agree that the way that it is written above it could be reasonably assumed that the BVRLA guide was referring to mechanical and bodywork condition?
2. If no to the number 1, do I have the right to get quotes myself for the repair of the carpet if I am liable for the damage?
3. Do you think that the fact that they did not provide carpet mats means that they are liable for some or all of the repair costs?
4. Anything else you can think of that could help to go back to ARVAL with....please?

5. Also, I have been in constant dialogue with their team and collections team (they raised an invoice) and now I have received a letter from Burlington Group advising that they have been instructed to recover the unpaid debt and that unless I pay they may issue legal proceedings against me. Is this correct? Surely the amount is in dispute as I have been in constant dialogue with them....please help, this is all getting me down....

Sorry to write so much and thank you in advance for reading.....

[Kati]

Re: Lease Car Return Repair Costs

tagging [MENTION=39331]ostell[/MENTION] @des8 @R0b??

[ostell]

Re: Lease Car Return Repair Costs

I would say a hole in the carpet should be considered fair wear and tear after 4 years. How many miles?

[mulcahyms]

Re: Lease Car Return Repair Costs

it was around 53k...and was actually 3.5 years, my mileage was bang on 15k per year.....

[des8]

Re: Lease Car Return Repair Costs

I must agree that after 4 years one would expect holes in the carpet on the driver's side, UNLESS CAR MATS WERE SUPPLIED BY THE LESSOR.
However the BVLRA code (page 13) states "Carpets should not have holes.".
As a blank unconditional standard that seems to me an unfair condition as it does not take into account the differing periods of hire.

[R0b]

Re: Lease Car Return Repair Costs

Are you able to post up the letter from Burlington Group with personal info redacted? It would be helpful to know in what capacity they are acting.

1. Do you agree that the way that it is written above it could be reasonably assumed that the BVRLA guide was referring to mechanical and bodywork condition?

Yes. The BVRLA Guidelines also cover interior damage as well as exterior and mechanical. I've attached the Guidelines to the bottom of this post. They might not be the most up to date but will will give you an idea, although you should request a copy of the current and up to date BVRLA Guidelines and it is not unreasonable to ask for it.

2. If no to the number 1, do I have the right to get quotes myself for the repair of the carpet if I am liable for the damage?

I would get several quotes anyway but you might need photographs of the alleged damage to try and see whether their charges are reasonable. As a BVRLA member, Arval must also comply with the BVRLA Rental Code of Conduct and I would suggest you take a look through the booklet and see whether they have breached any part of the Code. The link to the Code can be found below here :- https://www.bvrla.co.uk/RentalCode. I've had a quick scan and some of the points you might be able to say that they have breached is the breakdown of costs and the quotes etc. for the cost of repair (see page 16 of the Code for end of rental charges) as well as the failure to let you know of their conciliation service.

On another note, I recall from the top of my head that when considering your duty to take reasonable care of the car, the Courts have previously stated that (unless the contract says so) you are not liable for reasonable wear and tear but only the damage which goes above and beyond that. For example, it would be unreasonable for Arval to charge you for replacing the whole of the carpet rather the cost of replacing that section.

You will see from the Guidelines that it says there should be no holes in the carpet and another thing you will see is that the Guidelines seem to apply to all cars regardless of their age. Arguably, that could be held unfair and unreasonable as a consumer on the basis that the Guidelines fail to take into account the age of the car and that it is expected for a car of 4 years to have had some interior damage - they cannot expect to give you a brand new car and return it 4 years later in exactly the same condition. As they have incorporated the Guidelines as a term of the contract, it is subject to the unfair contract terms rule under the Consumer Rights Act 2015.

That all being said, Arval will of course say that you agreed to the terms and conditions and agreed to be bound and you ought to have bought car mats to prevent damage to the interior carpet. You didn't and so you pay the price for it.

3. Do you think that the fact that they did not provide carpet mats means that they are liable for some or all of the repair costs?

No, why didn't you ask for them to supply car mats as part of the deal at the time or get your own? The onus is on you to look after the car, and I think a court would say as part of your ongoing duties it would be reasonable on your part to source your own car mats if none were provided.

Ultimately, it is a subjective point and simply because we might say one thing, the court may say another! It is also a bit premature to suggest that proceedings might be issued when they haven't complied with your request for information and are still engaging with them considering it is a genuine dispute. However, so long as they follow they pre-action protocols then they can issue proceedings. Whether you wish to defend the matter is up to you but usually court cases can take 6 months or longer and if you can afford to pay the alleged balance plus court fees (less than £200) then you might want to have your day in court and try to get the amount reduced. I would however, make sure you have got sufficient evidence to support any defence arguments.

[mulcahyms]

Re: Lease Car Return Repair Costs

Thanks for the info...I've (if I did it right) uploaded a copy of the letter from Burlington, appreciate anything further.