Petem95

Need some advice here, so please read.

To cut a long story short, I was issued with one of my companies van’s about 6months ago – and when I was given it I was asked to sign a bit of paper agreeing there was no damage to it. The van looked a bit tatty, but I signed anyway assuming it would’ve been checked over anyway.

I used the van for 3 months then returned it to the company – however I was then issued with a bill for 1200.00 for damages The only damage it picked up while in my care was a scraped wheel-arch and broken wing mirror – the rest (few dents, scrape on other arch) were there already.

The bill looks like a **** take – whole panels have been resprayed because of light scratching (sort that would t-cut out) and it appears the bonnet has been resprayed due to one of two stone chips?!!! Seems very unreasonable.

Ive already been to speak to HR about the matter, but they don’t seem that interested. Im unsure what to do about it – I was thinking maybe agreeing to pay 2/3’s of the bill, but refuse to pay the full amount? Ive only been with the company 9 months, so Im not sure if refusing to pay will just result in me getting sacked, or whether I should stand firm?? Any advice?

Jap2Scrap

If I was a pedantic sod like Lewis it's at this point I'd point out that if you'd checked the van against the original paperwork in the first place and then driven like a vicar's mother for the last 6 months you wouldn't have this problem.

To be fair the best you can probably hope for is that they'll allow you to arrange repairs etc. yourself. This way you CAN T-cut out the minor scratches and have minimum panels sprayed etc.

Good luck


Ahhhhhh... after a reread it looks like the repairs are already done.. that right?

Petem95

Yep repaired have already been carried out by a rip-off garage (actually a Volvo garage - ideal place to get transit vans fixed ) - paint alone on the bill comes to 400quid inc vat

Basically I think its unreasonable that theyve repaired stuff like stone chips - surely leasing firms dont expect vans to come back after 30k as-new?

SJ_Skyline

As you had signed for the van, you were responsible for it. The company ought to have got quotes in for the work and entered into a dialogue with you about the repairs offering you the option to obtain quotes yourself and not go directly ahead with repairs.

You may find that your contract of employment states that you are libable for any repairs, then again it might not.

I would consider contacting the CAB.


EDIT: You will find that there are terms and conditions of employment in your company manual. The company can't sack you right off, there has to be due process whereby you are informed of why you are being sacked and you have the right to appeal. I can't see anything in what you have said constitues an offence that would require dismissal.

Suresh

Sounds like you have just found out (the hard way) that your company is an untrustworthy employer. Legally I would expect you don't have a leg to stand on, as it appears you have signed to take full responsibility. Maybe one of our SN legal eagles can verify this?

My advice would be to find another job and chalk it down to experience. Be sure to get some legal advice first though.

Sorry.

Suresh

Tiggs

aside from this...quit...sounds like you work for a bunch of tools!

Jap2Scrap

Got to agree. Any decent employer would have let you arrange repairs or at least discussed the quotes for repair with you before going ahead. Ł400 for paint suggests they painted the whole vehicle with a metallic paint. Sounds like the garage were less than honest too.

dtriggs

Couple of things. Firstly, dont these guys have insurance ? Usually you are only liable for the excess for repairs !! If not then was it made clear you are fully liable for all the repairs ? Also does it say they are allowed to use their own repairer and then bill you ?

Seems alot of holes in this and I dont think anybody would be expected to pay such a bill when they had no chance to dispute the damage. They need to prove to you what damage there was on the vehicle prior to repairs to show what you are liable for - they obviously didnt and so cannot prove what damage was incurred (unless you signed something agreeing to the damage ?)

I suggest you dont pay a penny - any payment will accept liability which shouldnt be accepted.

Petem95

Thats paint for 3 wheel-arch scraps, side-door and bonnet.... in transit van white - how expensive can that stuff be?!!

Im going to have a good look at the company manual - however from memory its quite well written, with some very vague information in.

Sounds like I'll just have to cough up the full amount tho - guess when you are only starting out with a company you just get walked on, and thats the way it is

mj

don't just roll over and pay it

if you can admit to certain damage get another quote for those bits only, and offer to pay that amount.

other than that, tell em' to sucky dicky and walk if you have to.

**** me, if we charged the lads for damage to the vans they would all be living in cardboard boxes, thats what insurance is for.

Petem95

Yes, however as the damage was not the result of one thing they wouldve been unable to claim. Thats a 900quid excess anyway with this company, as I found out when a learner driver crashed into my previous van, and even tho they admitted it was totally their fault at the scene it came out 50/50 from the insurance companies

Well the van was returned by the person who used it before me, and obviously not checked (as sometimes happens), so he get his sheet signed off saying no damage. Then I was signed out with the van next, so of course on paper it looks like the damage happened while I was using it

I havent accepted liability for all the damage, but got a letter saying theyre taking 200quid a month off my take-home anyway.

Cheers for all the advice tho everyone, some good points made for me to think about.

mj

I think they are legally on very dodgy ground with this - I would speak to a union rep if you have one, or the citizens advice a soon as possible.

as fa as I know they cannot just take money like this - someone is taking the p1ss.

dtriggs

It is illegal to take money from your pay unless it is clearly written in yr contract - good idea to check.

What I was getting at is did they get you to sign anything agreeing to the damage that they SAY was there ? If not how can they prove it was there at all ?

But you sound as if you have given in already though ?

Milamber

iTrader: (2)

Or the one person who is qualified (and insured against giving you bad advice) a SOLICITOR?

mj

agree, but they cost money.

Petem95

Thats the problem, however if I refuse to pay the full amount and they sack me I would go to a solicitor - it would also be a good opportunity to mention to constant and significant breaches of health and safety by the company, however I dont really want to do this unless I have to.

Henrik

iTrader: (5)

Petem95: Talk to the Citizens Advice Bureau (or however it is spelt), they are quite good and it's free

mj

you're letting them walk all over you, pay the money and you are a mug.

accept to pay for the damage YOU caused only - even this is out of order IMHO.

what do you do for a living??

ProperCharlie

I would write to your manager stating that you do not agree with the charges for the damage to the van. Make it clear that some of this damage existed when you were given the van, and some is normal wear and tear (e.g. stone chips). Also state that the extent of your liability was not fully explained to you at the time you signed the document, and that if it had been, you would not have signed due to the condition that the van was already in. Then state that you do not agree to anything being deducted from your wages until these issues have been resolved. Then phone up ACAS. I think the Company are trying to pull a fast one, here.

We certainly don't expect our drivers to pay to have their vehicles put back to "as new" condition.

Tiggs

if you had written it off would they bill you for a new van? whats the excess? sounds like a bunch of fools.

T

mj

you mean *****

Petem95

Work in IT - and although everyone thinks its a goldmine, it really isnt. Ive only been out of uni a year or so, and its really hard to get anything without 2-3 years experience. Thats why I worried about contesting this as getting another job might be difficult.

mj

...I'll bet your boss is well aware of that fact - don't swallow it - they ARE in the wrong.