Lease company siezed car

[sandarra]

Dear all

First post!

My daughter entered a lease agreement around 1 Nov 2015 she sold her mini to VW paid a large deposit and a couple of payments up front

On the 23rd Dec when she was working, her boyfriend (now ex) who does not have a licence or insurance took the spare key, and took the car from the street behind her work where she always parks. Victoria is a beautician the week before Christmas is her busiest week and on the 23rd Dec she was back to back from 0900 - 2000 her boyfriend knew she would not be returning to her car

Ill try to keep this brief, within an hour he had a police car behind him, the fact the car has a private plate VKY for Victoria and a male driving made the police suspicious. He pulled into a petrol station filled the car up, the police obviously knew this was a delaying tactic and were waiting for him on the road, rather than drive out he parked the car up where you put air in tyres and walked away.

The police then arranged for the car to be taken to a compound after observing no one was returning to the car, and later that day came to the house to ask about the car which was a total shock to hear what had happened.

As requested that evening Victoria went to the Police with her licence, and a copy of her insurance, she confirmed her boyfriend had used the car without her consent. The following day her boyfriend went to the Police and admitted taking, driving and leaving the car at the petrol station. He is now waiting for a date to go to Court to be prosecuted

We then cooperated with VW's agent, completed statements etc

We are now totally distraught to find out that although Victoria had nothing to do with the car being taken she will not be getting the car back and has a huge debt of almost £4k to pay and has lost a big deposit.

If this went to Court, Victoria would be found 100% innocent,

VW's reason is Victoria left her spare key in a drawer, and that we cannot appeal their decision

Any thought on this matter would be vey welcome

Thank you
Sandarra

[Amethyst]

Re: Lease company siezed car

Where was she supposed to keep her spare key ?

Who is keeping the car ? VW or the Police ?

[sandarra]

Re: Lease company siezed car

Its VW recoveries team that decided we cant have the car back, the police have no interest in the car. I said my spare key is in a drawer we dont have a safe.
They say under section 7.1.4 If the vehicle is seized or distrained upon or made subject to an court order, they can terminate the hiring
They sent an agent to the house to collect a key on 4th Jan, they said they were moving the car to another place to avoid £25 daily charge until this is settled, as the car had been in a chargable compound since 23 Dec, now they have the car and key we are told we are not getting it back. I said we will carry on with payments when it goes to Court it will prove Victoria was not involved, they said the car will be sold by then

[R0b]

Re: Lease company siezed car

I find it hard to believe that VW's defence is that the spare key was kept in a drawer. Was the spare key left at the property she was living in? It is perfectly reasonable to hold a spare key in a draw at the premises where you might be living.

I guess this all comes down to the terms and conditons of the lease, have you checked these? They may have a right to reclaim the car if it has been used without authorisation, there may be a force majeure (circumstances beyond your reasonable control) clause in there and subject to the rest of the terms, you could rely on that.

Have they actually terminated the agreement? or are they just refusing to hand the car back to yourself. If it has been terminated and they are in the wrong you can claim for wrongful termination, if they agreement still in place then you can can argue an offset of payments against the days the number of days it has been seized and additional compensation for breach of the contract.

if you are able to post up a copy of the terms we could take a look for you - make sure to redact any personal information.

[sandarra]

Re: Lease company siezed car

I have a letter from them saying we hereby terminate, but no explanation, when I called them they said she was not responsible with the key, had it been stolen by a stranger I believe sh would have got it back, its also because she has a connection with the person who took it, the key was in his flat she is 23 goes between home and his, she has a cabinet with her stuff in it, as it happens the day she picked the car up she stayed at his,put the key in the drawer, and forgot about it, never thinking he would be so stupid, i have the contract ill work out how to post it. Thank you for your very prompt responses

[R0b]

Re: Lease company siezed car

If you can also post up the termination letter too that would be great, can't really comment any further until we know what the terms are.

if you want to email the agreement, [MENTION=6]Amethyst[/MENTION] can help.

[Amethyst]

Re: Lease company siezed car

Email will work better [MENTION=78884]sandarra[/MENTION] - admin@legalbeagles.info then I can post them up for you - suitably redacted of course.

[sandarra]

Re: Lease company siezed car

Many thanks, I think I have managed to send Amethyst 2 letters, the letters only refer to the car being seized by the police, it was only when i called them for an explanation, they said its because the key was left in a drawer and Victoria knows the person, they must wrongly assume she told him he could come to her work and drive her car, she doesnt have any police records or points, she is law abiding that is how she has been brought up, she catagoricaly did not authorise him to drive her car. VW sent a agent to collect the keys on 4 Jan, so they now have the car. Appreciate all your help folks

[Amethyst]

Re: Lease company siezed car

Letters attached.

[R0b]

Re: Lease company siezed car

Can you also send a full copy of the terms of the agreement?

[Amethyst]

Re: Lease company siezed car

Section 7


Section 4

[Amethyst]

Re: Lease company siezed car

Para 8




Hire Agreement

[Amethyst]

Re: Lease company siezed car

Hi, Sorry to ask but the overall payment on the agreement is £7675 - to hire the car for two years.... then there's no right to buy option at the end of the hire period ? or am I reading it wrong. It's not a hire purchase agreement, just Hire.

The 'deposit' paid seems to be the 'advance rental' payment, so not refundable on return of the vehicle ?

[sandarra]

Re: Lease company siezed car

Many thanks, I think I have managed to send Amethyst 2 letters, the letters only refer to the car being seized by the police, it was only when i called them for an explanation, they said its because the key was left in a drawer and Victoria knows the person, they must wrongly assume she told him he could come to her work and drive her car, she doesnt have any police records or points, she is law abiding that is how she has been brought up, she catagoricaly did not authorise him to drive her car. VW sent a agent to collect the keys on 4 Jan, so they now have the car. Appreciate all your help folks

- - - Updated - - -

That is correct no balloon payment to purchase at the end of the contract, just hire, Victoria isint here i believe the deposit included first months rental, deposit is non refundable
Thank you

[sandarra]

Re: Lease company siezed car

That is correct no balloon payment to purchase at the end of the contract, just hire, Victoria isint here i believe the deposit included first months rental, deposit is non refundable
Thank you