VT - MOT and service obligations

[IanRob82]

Hi,

I've used the VT clause to cancel my finance agreement with RCI. It took nearly 2 weeks from the date of my letter to Manheim contacting me for collection. In that time the service light has come on and the MOT will have expired before Manheim can come to collect the car.

Manheim are saying RCI will need me to MOT the car before it can be collected.

My understanding is that from the date of my termination the car isn't my liability any more and I don't need to put the car through an MOT and the onus is on RCI to collect the car. They are saying I'll need to pay for a low-loader.

Can anyone offer advice on what my legal obligations are please?

[IanRob82]

Re: VT - MOT and service obligations

Update-

Manheim/RCI was due to call back to discuss collection of my car but haven't been in touch.

What are my options now? I've got a car stuck on my drive that I dont know what to do with!

Any help?

[des8]

Re: VT - MOT and service obligations

fwiw I think you are right, and the low loader will be at their cost but tagging @R0b for any (polite) suggestions

[R0b]

Re: VT - MOT and service obligations

Morning,

Firstly, when you VT you no longer have a right to use the car as those rights fall under the agreement which subsequently fall away once termination has occurred. If you choose to continue using the car after this date then that is your prerogative but you have no lawful right.

That leads on to my second point about liability. You are correct that you have no liability following VT but this only relates to the financial arrangements. You still have a duty not to cause any negligence until that car has been collected.

That being said, if you terminated in advance before the MOT due date and RCI have failed to collect it within a reasonable time, then they cannot expect you to MOT the car, that would be up to them or as Des has said have a recovery vehicle collect it.

You might want to write to RCI and notify them that due to the fact that it has taken Mannheim so long to contact you, the MOT will expire by the time they are able to collect it. You could offer to drop it off at a local Renault dealership provided they get back to you before the MOT expiry date, otherwise they will have to make arrangements to collect the car.

[IanRob82]

Re: VT - MOT and service obligations

Thanks for the advice.

MOT has now expired and Service is now due since I VT'd. I gave them 14 days to collect in my VT letter (MOT was valid in this period and at the point they formally accepted the termination) but RCI sent me the wrong number for Manheim so I couldn't expedite collection.

No-one has been in touch after I told them the date they proposed for collection would mean they had to collect with a low loader as the MOT would be expired.

Manheim said they would set up a conference call with RCI to discuss on the 28th but didn't get back.

I'll send a letter explaining the issues and see what happens.

The whole thing is quite stressful!

[IanRob82]

Re: VT - MOT and service obligations

Update-
Manheim rang on Saturday offering the 14th, asked if that was for a recovery vehicle: no, they didn't have a record of their previous call. They would deddinately ring me Monday after talking to RCI. Still no call!

Emailed RCI.....no reply!

It's an odd situation!

[IanRob82]

Re: VT - MOT and service obligations

Help needed!

So after another week I've had no call back from Manheim and RCI haven't replied to my email trying to sort this out.

Am I within my rights to send my VC5 off and transfer ownership back to RCI?

Also, after a month since I VT'd, is it reasonable to send them a letter giving them 14 days to collect the car or I'll sell it myself?
[MENTION=71570]R0b[/MENTION], any advice?

[R0b]

Re: VT - MOT and service obligations

Perhaps it may be wise to give them a call and find out exactly what is going on.

There is no reason why you can't send a letter giving them 14 days to collect as it would have then been a month and a half since the agreement has been terminated. Why don't you give them a call and find out what is going on and explicitly tell them (in a polite manner) that the vehicle is theirs and you have tried to arrange collection since the agreement has been terminated a month ago but to no avail. Therefore, Renault need to arrange for it to be collected within 14 days otherwise you will form the view that the car is being abandoned and you will sell the car less any incidental expenses.

You should follow that up with an email to Renault, either check online or ask the person on the phone what email you can send the notice to, and make contemporaneous notes to cover your back and make reference to the call to and where possible, the advisor you spoke to.

Might sound overkill but if you want to dispose of the car you need to make sure you've covered your back as best you can. Be aware that the advisor might say you can't do that but in my view, you have terminated the agreement and your obligations under it fall away, you only need to make it available for collection which you have done and either Renault and/or Manheim have not bothered their **** to sort it out. Whether you follow through with disposing of the car is entirely up to you but from the people who have posted on here before when the notice was sent, it never got to that stage.

[IanRob82]

Re: VT - MOT and service obligations

Thanks R0b,

The whole situation is quite stressful and I really appreciate you're time and advice.

[IanRob82]

Re: VT - MOT and service obligations

Update-
Bit of a bad tempered call from RCI today!

They are insisting I don't have the car under MOT for a reasonable time and will either need to pay collection charges or MOT the car.

Might just cave and get it sorted