Hi All,

Not sure if this is the correct forum, I have a somewhat difficult situation I am contending with. in summary;

I had a lease vehicle; prior to the end of the lease arrangement I arranged the inspection (Thurs 15th March 2018) and collection (Sat 17th March) with British Car Auctions (BCA) in accordance with what I had to do (inspection within 7 days of collection and end of contract).

BCA failed to turn up (i took the day off off work!)! I called BCA who advised that they had made a mistake and schedule my inspection and collection for the incorrect dates. They advised management would contact me and they would rearrange. I received no contact.

I repeatedly called to rearrange as I was aware I was now out of my contract date (phoned Audi to advise of situation). Was unable to get a response.

Monday 19th March BCA turn up at my front door at 7:45am unannounced to collect the car. I advise that it has not been inspected and the collection date was 17th. Two collection agents then sat in my living room for approximately 2 hours trying to get through to their head office to check if they could collect the vehicle. Eventually advised that they could not, and went on their way advising BCA would contact me to rearrange.

Fast forward several weeks of trying to arrange the collection and inspection and fit with BCA's availability and I mange to arrange inspection and collection (difficult as I work away for long periods of time and they have limited availability).

Car was inspected Tuesday 17th April (another half day annual leave) and collected Friday 20th (half day annual leave).

I have now received an invoice from Audi for the additional rental. I have spoken to Audi via telephone who agreed that this is BCA's error and they should cover the invoice, however Audi are still invoicing me as it is my contract! Audi have tied to contact a manager at BCA and also ha zero success.

I am going down the formal complaint route and any tips on acts, cases, precedents or what I should include / not include in the letter would be gratefully appreciated.

My first thought was to list it chronologically as above. I can go through phone records if required and list every call made and received (all via my mobile).

I would like the invoice covering by BCA, and if possible compensation for the annual leave taken whilst waiting for their failed inspection and collection.

Also, to add to this. I queried if I should even be responsible for this complaint as I did not employ BCA, Audi did.(my original complaint was to Audi) They advised that they are satisfied that the complaint against Audi has been resolved and I need to pay the bill and try to recover the costs from BCA.

Please help!!

I suggest that on Friday you send them an SAR. From Friday there is a 30 day deadline and the disclosure is free.

You want to get all of their records – phone records, attendance records – everything.

Then come back here.

We can help you challenge them and also recover compensation for your lost days holiday – although the day of the actual collection will not be recoverable because that was understood anyway.

They are clearly in breach of their contractual duties towards you. We may be able to help you add something else on to your claim to compensate you for that.

In order to get compensation for the lost holiday I expect that you will have at least two threatened legal action and maybe issue the papers. If you are prepared to do this then we can help you all the way. On the basis of what you say, your chances of success are better than 95% as long as you are not unreasonable in the amount you are claiming.

By the way, stop doing business on the phone if you are not recording it. Read our customer services guide

Ok Great, thanks for your prompt response. When speaking to BCA I advised that I would only communicate via letter / email and requested their complaints procedure (it was audi who transferred me to them). The conversation with Audi was due to them calling me, as they have done again today asking for the additional rental (I didn't answer).

I arent looking for anything unreasonable, Im just rather peeved that I am being invoiced for something that in effect is nothing to do with me! I will send the SAR on friday as you advise.

One question that I failed to ask in my previous post, should I pay the invoice to Audi for the additional rental and then claim back from BCA? Or hold off paying Audi?

Please can you point me to the relevant Audi website

I have just tried to post the links but unfortunately I am unable to post as my post count is sub 10 posts!

Next post will have links;

Please can you point me to the relevant Audi website

It appears that I get directed to two different websites;

This first link is taken directly from an email they have sent me regarding the end of my contract;

https://www.audifinance.co.uk/en/private_customers/how_your_agreement_works/contract_hire/what_to_do_during_your_agreement.html

And this one is taken from the email signature in any email correspondence;

https://www.vwfsfleet.co.uk/

This is the website of British Car Auctions;

https://www.british-car-auctions.co.uk/Contact/

Thank you. I thought there might be a vague chance that they were regulated in some way – but they're not.

Of course you are entitled to withhold the money on the basis of what you say. How much we talking about?

The trouble is that most these people will simply launch into debt recovery mode and they will end up smashing your credit file and setting the DCA's on your back to harass you and although you will eventually established that you are correct, it will then take a lot of effort to undo the damage. It might be better to pay and then to recover.

I understand that your contract is with Audi and they simply instruct BCA to manage the collection. If this is correct then whatever Audi say, it is their responsibility.

On the basis that you want to get the money back from your lost holiday, I think you are going to end up issuing legal proceedings. In that case – as long as you are prepared to do it – I would get the process going straightaway. I would send them a 14 day letter of claim outlining exactly the basis of your complaint, and the money that you have lost and tell them that unless they reimburse you within 14 days that you will issue a small claim in the County Court and without any further notice.

If you want to pay them then by all means pay them in order to avoid complications that make it clear to them that if they accept the payment then you will be seeking to recover that as well in the same action.

Only issue the threat if you're prepared to go ahead. Don't bluff. If you send the letter of claim then register onto the MoneyClaim website and prepare your claim. You can save it as you go along and before finally clicking it off.

Keep particulars of claim short and sweet. You don't need to use formal language. You can post it up here for us to have a look at first

Just a small observation. Would not the OP have paid annual leave if he was a salaried employee? If so, he will not have suffered financially from having to take annual leave.

Hi, you are correct I am salaried so did not loose wages per se. I did however loose 1.5 days annual leave due to their error. These have a monetary value as I can sell them back to work (not that I would, my annual leave is very precious!!) I probabaly wouldn’t have complained if I’d only lost my holiday, it’s the fact I am now being invoiced / chased for the additional rental as well!

Thank you. I thought there might be a vague chance that they were regulated in some way – but they're not.

 

Of course you are entitled to withhold the money on the basis of what you say. How much we talking about?

 

The trouble is that most these people will simply launch into debt recovery mode and they will end up smashing your credit file and setting the DCA's on your back to harass you and although you will eventually established that you are correct, it will then take a lot of effort to undo the damage. It might be better to pay and then to recover.

 

I understand that your contract is with Audi and they simply instruct BCA to manage the collection. If this is correct then whatever Audi say, it is their responsibility.

 

 

On the basis that you want to get the money back from your lost holiday, I think you are going to end up issuing legal proceedings. In that case – as long as you are prepared to do it – I would get the process going straightaway. I would send them a 14 day letter of claim outlining exactly the basis of your complaint, and the money that you have lost and tell them that unless they reimburse you within 14 days that you will issue a small claim in the County Court and without any further notice.

 

If you want to pay them then by all means pay them in order to avoid complications that make it clear to them that if they accept the payment then you will be seeking to recover that as well in the same action.

 

Only issue the threat if you're prepared to go ahead. Don't bluff. If you send the letter of claim then register onto the MoneyClaim website and prepare your claim. You can save it as you go along and before finally clicking it off.

 

Keep particulars of claim short and sweet. You don't need to use formal language. You can post it up here for us to have a look at first

Hi BankFodder, thanks for your help, I ’s really appreciated!

In terms of the outstanding invoice, it is £255. I really would like to avoid my credit file being pulverised, but at the same time worried that I won’t recover it if I pay it.

I would like some kind of compensation for the 1.5 days annual leave, however I would be happy with just clearing the invoice in all honesty.

Referring back to you first post, should I still send a SAR to BCA and Audi prior to a letter of claim, or should I do this alongside?

To preserve my credit file, (please correct me if I’m wrong) I should do the following:

Friday 25th SAR BCA and Audi

Immediately pay the invoice and Inform Audi I intend to claim back

Send letter of claim / lodge claim on moneyclaim website

Thanks