Lombard - Lease Purchase Agreement

[Missy Allen]

Hope someone can help me with this.

 

My husband had a Lease Purchase Agreement for the purchase of a trailer. We paid on a monthly basis and received monthly invoices for VAT purposes.

 

In April this year my husband stopped trading and sold his wagon and was looking for a buyer for the trailer. We knew that there would be a shortfall on the finance. The trailer was actually sold in June (there was a lot of messing about from Lombard).

 

We never received any invoice documentation from Lombard regarding the outstanding finance or the sale of the trailer. We should get a VAT Invoice for the whole amount of the outstanding finance and a VAT credit note for the sale of the trailer.

 

We kept asking and asking (always told that they had been requested) until August when we were informed that we were not eligible for a VAT invoice!!!!!

 

We instigated a complaint which has not been dealt with properly. Lombard informed us that the only way we would get a VAT invoice is to prove Lombard delayed the sale of the trailer.

 

I have spoken with HMRC who state that Lombard cannot enforce the outstanding debt without an invoice as that is the evidence they would rely on in Court.

 

We have followed the complaints procedure and now sent a letter to the Managing Director by Recorded Delivery and apparantly has 21 days to respond.

 

Lombard seem to insist that a letter is sufficient enough to prove to the Inland Revenue that we owe the money but as we are VAT registered and so obviously is Lombard we do require an invoice/credit note.

 

Does anyone have any advice or knowledge?

 

Thanks

[42man]

You seem to have done pretty well on this so far, It would be interesting to see the 'final' response.....if it is not to your satisfaction, then I suggest getting the Financial Ombudsman involved....i'm not knowledgable on these Lease Purchase agreements....however as you have said it may not be enforceable !!! keep us posted as to what happens...

[Missy Allen]

Well I have to wait for the MD to get back to me and if the complaint is still not dealt with satisfactorily then I have to go to the Finance & Leasing Association and then the Financial Ombudsman. If in the meantime Lombard decide to pursue me for the money at least I can prove that I have done my best to try and resolve the matter!

[bobtailmad]

I would be very interested in your uptodate position as we are experiencing major problems with Lombard. we were a new start up business and they released money to a supplier without our knowledge and are now chasing us for the money, which is considerable. we couldnt start the business as we didnt get the machinery. We too wrote to the MD after months and months of writing to Bernice Howard but they just keep changing the story and contradicting themselves, we also tried the FLA but they are like a chocolate teapot and bend to Lombard - please update on this, would be keen to know how you have got on - best of luck

[Missy Allen]

Hi bobtailmad

 

My current position is as follows:-

 

I have tried contacting the FLA but they will not accept my claim over the telephone and advise me to make a complaint over the internet. I have made 3 complaints so farand not one has had a response.

 

Lombard told me that the Financial Ombudsman cannot get involved in this matter due to the amount of the credit but they are regulated by the Financial Services Authority.

 

Lombard say they have currently "reviewed" the file but I have to agree with you they do contradict themselves, back track and actually make things up.

 

Lombard have stated that they do not have to supply me with VAT documentation because they defaulted the agreement - yet I only followed their advice! They have admitted they have given me the wrong advice on one occasion but it happened on many occasions. Originally I was told on many occasions that the VAT documentation would be with me shortly and the delay was due to a backlog of repossessions etc. 6 months later they decided that I could not have the VAT documentation because they defaulted the agreement. I believe this is because the debt owed to Lombard by me is then less if they do not supply VAT documentation.

 

I received a letter a couple of days ago (which had to be authorised by the MD's office) which was completely incorrect and said that I was refusing to pay the outstanding amount which is completely false.

 

I will, however, keep you updated. I will be writing to the FSA regarding Lombard's conduct. I have had a really bad experience with NatWest and RBS (all three are the same company) and I had a bit of success by perservering with RBS who supplied invoice factoring to me.

 

Just out of interest have you got any written and signed documentation? Have you got any correspondence which you could rely on? If want to post the full story I will see if I can help at all - but I'm not promising - this is Lombard after all!!!

 

Good luck

[bobtailmad]

If I wasnt a lady I could tell you with various colourful characters on the keyboard what I think of Lombard. It seems ok for them to make large error, admit them but expect others (inc us) to still pay. We never even had the goods and couldnt trade, after remortgaging the house, changing mortgages and paying a redemption fee to do all of this, we will be really really in a difficult position if this case goes their way. Why should we pay them a bean when they have admitted their errors? Yes we have a very good file of corkers, al submitted, just hope the judge we get isnt rushing either onto the golf course or something else, we need someone that is interested. cross fingers for us, havent got a date yet but just want closure. The FLA were fuzzy and never returned our calls but they just couldnt enforce anything even tho they agreed it was a mess up. take care, likewise if we can help/support you, thats ok, be positive - oh by the way, we had VAT invoices thro after we told them the company was closed down and we hadnt traded, when we rang no one seemed to know what they were for.....

[devonmade]

Re registered here, but thought would put an update on here. We eventually won our case - Lombard paid our deposit back and withdraw their claim against us. So v v v v good news but for the stress and hassle they put us through, it is outrageous and the FLA are a total waste of space and were not breaking into any sweat whatsoever to try and help, v much on the banks side. Hope anyone else who has had problems with them, just keeps going and if you know you are right, like we did,you will be ok. They just try and wear you down. We could have lost everything all for nothing and their arrogant people. I love the fact that this bank is now in big poo makes me smile everytime