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Senior Member
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Discussion Starter · #1 ·
Work is being shitty about paying me back the money I put toward an A3 company car. I had a verbal agreement that I'd get back a proportion of the money I put in (£1200) when the car was sold. Now they're renaging on it as I'm changing jobs (to another company) after having the car for 17 months, we usually have cars for three years. See email extract below for their reply:

"The plan is to re-deploy your car into the fleet rather than send it to auction, so the option for you to purchase is not available. Because of this, and as you will be leaving the business before the end of your car term you will, unfortunately, not be eligible to re-claim any of the proportion over and above list price that you contributed towards the car."

Funny as I have never agreed to this!

Thing is I'm relying on the cash to go toward my R32 at the end of the month. Does any one know enough about law to give me an idea as to how to dispute this? Failing that, what are peoples opinion on the matter. Am I being unreasonable or do I have a case. Your support and comments would be highly valued.

Thanks
 

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.:R32OC Site Contributor
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Hi

hard to tell where you stand on this. Would depend on a few things;

written company car policy
what the verbal agreement was and if it will be verified by whoever agreed it
company policy on leavers

My advice would be to get a friendly senior manager/director to one side, explain the situation and try and get them to influence the company to give you a settlement. If you have to revert to law then I suspect you will have a long drawn out battle on your hands which is likely to cost more than you are looking for.

It is not particularly relevent that the company plans to keep the car, thats their choice but they should make reasonable provision for your part ownership if you contributed towards its purchase. However most company car policies would have small print to say that you contribute at your own risk and it is unusual for there to be an entitlement to any monies upon sale of the car. If there is no policy on this then I think you have a claim.

So firstly see if you can have a word with a Director who will take this up on your behalf.

If this isnt an option I would go and see your local Citizens Advice where you should get some free legal advice and they may be willing to write to your current employer on your behalf.

Good luck

Paul
 

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Discussion Starter · #3 ·
Thanks Paul,

there is no policy for company cars being sold on etc, just a verbal agreement with the Financial director and myself. I do however have the invoice and receipt for the money I paid in. Am I right in thinking that they have also acknowledged this agreement in the statement the HR Director made in his email? The dispute I have is the new unwritten clause that until now I new nothing about that says if I leave I get nothing.

My wife suggested I just invoice the company for what I feel is owed (about £800) and see what happens. I feel like parking it somewhere, handing over the keys and saying I can't remember where I left it, that or taking about £800 worth of bits off it, steering wheel, starter motor and the drive shafts should do it (this is a joke by the way).

I have spoken to my boss (also a director) and I think he agrees it is unfair, but I don't have a great deal of faith in him fighting my corner (that's one of the reasons I'm leaving). One thing I will do if I don't get a satisfactory out come is make sure everyone knows how they've treated me so that others don't make the mistake I made and assumed the company would operate fairly and professionally.

Still on the positive side, I only have 17 work days left and the R32 has a deposit on it and the funds for it are in my bank. Just not sure if I can afford to tax it and insure it now!
 

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.:R32OC Site Contributor
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Hi,

yes it does seem to admit that there was an agreement and that they are not honouring it purely on the basis that they are not selling the car yet. This is clearly an unfair position to take and in my view would not be supported by any court.

From what you say, your best option would be to reply to the HR Dir copying your boss and the FD ( with whom the agreement was made) politely stating that you would prefer that everything was sorted out before you leave, that you are clearly only asking to be treated fairly and that no mention was made that you would forfeit your entitlement if you left the company early, as if this had been pointed out then you would not have made the investment. Say you are acting in good faith and that you really dont wish to have to take recourse to the small claims court to recover your entitlement.

I think if you send them an invoice they will just ignor it. It will be easier to get this resolved whilst you are still there and have the car. Its tempting to withhold returning the car if they dont settle but this would probably just cause them to withhold any salary etc they owe you and you say your wife works there so probably not worth falling out with them completely.

In the absence of a policy they need to come up with something that is fair. What they are suggesting so far isnt, so keep on at them. But do it politely but firmly for now and hopefully they will respond.

Paul

BTW im not a solicitor so no warrenty lol i did however manage the legal dept among others for a major blue chip retailer for a few years in a previous life so have some experience in consumer and company law.
 

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Senior Member
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Discussion Starter · #5 ·
thanks paul, you certainly talk the talk. I'll follow your advice to the letter and keep you posted.
 

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Discussion Starter · #6 ·
Well I asked the questions today and didn't get very far. I said that I seemed to have little option but to take the matter up in a small claims court. Within the hour I was put on garden leave with full pay and benefits for 5 weeks. It's not the £800 they owe me but still a result. Gives me extra time to get to spend with the family, get stuff sorted round the house, have a bit of a rest, get ready for the move down south and get to know the R32! I'm hoping I'll have time to visit Chris at CCA for some audio upgrades too.
 

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.:R32OC Site Contributor
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Hiya

well a free holiday is something :) but dont let it go completely unless you just want to relax.

I would still recommend going to citizens advice (you will get free local legal advice) and at least you will know if its worth pursuing at all.

And you still have their car lol
 

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Discussion Starter · #8 ·
paulnutter said:
Hiya

well a free holiday is something :) but dont let it go completely unless you just want to relax.

I would still recommend going to citizens advice (you will get free local legal advice) and at least you will know if its worth pursuing at all.

And you still have their car lol
well actually 5% of it's mine lol

going to speak with the CAB but think I'll probably leave it. As I have time to get ready to move down south now I can start my new job sooner (still after my official last day) which will earn me more than the £800 anyway. Still if theres an outside chance of winning with little risk (financially) I may still put in a claim and see what happens.
 
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