Voluntary Termination of a Damaged Vehicle - Help Please

[trav2591]

Hello,

Hopefully someone will be able to help with this situation.

My partner owns a 2013 plate ford focus which she has outstanding finance on. On her way home from work yesterday the engine blew. The mechanic explained that this was due to water leaking into the engine. He estimated the cost of repair would be £3000.

It doesn't make economical sense to repair the vehicle as it possibly isn't even worth that now. However, she still has about 60% finance left to pay on it.

Can she pay 10% of the finance bill to reduce this to 50% and invoke the voluntary termination clause?

The finance is through Black Horse, I am unsure what type of Finance agreement is in place. It was part of Bristol Street Motor's 0% finance offer. She pays a monthly amount and will own the car outright at the end of her agreement.

Please can someone advise as soon as possible. My partner works for the NHS and needs the car when she is on call.

Thanks.

[R0b]

Hi,

You said your partner needs the car for work but she's not prepared to get the car fixed, so what purpose does voluntary termination serve?

She can pay the 10% but she has an obligation to take reasonable care of the goods and Black Horse can charge her if she hasn't. They will want to charge her for the cost of getting the car back on the road, but there might be an argument to say that she should only be responsible for a propportion of the costs since the car was second hand and has already had wear and tear on the vehicle, and therefore any contribution should be in line with how long she has had the car.

Obviously that's a choice she needs to make but I doubt it's something Black Horse will accept at face value. She might want to get an independent report on how the water leak occurred and then use that as her base for negotiation any money owed following voluntary termination.

[trav2591]

Hi Rob,

We don't have £3000 to pay for the repair. To get to work the alternative would be to enter into a new HPC, with zero deposit so she has something to get back and forth.

She has maintained the vehicle. Since purchasing the vehicle in November 2018, the vehicle has received two services, once in November by the dealership and once a year later when it received its MOT.

She has done everything right and just been hit by some really bad luck. Is there no way the contract can be cancelled considering this is through no fault of her own?

[Kotya]

Firstly, I would would ask different independent garage to quote on repairs of the vehicle. Even if engine actually needs replacing, 3k sounds a bit excessive for a 2013 Focus.

Secondly, water does not leak into the engine without a reason. As Rob said, you’ll need a report to clarify why it started leaking in first place and whether it was preventable, or preexisting issue. Depending on findings you may have some grounds for negotiations and Black Horse may be wiling to contribute towards repairs.

I had it before where clutch and flywheel failed on my car and I’ve managed to get finance company to contribute 50% towards the repairs. Although it wasn’t an easy battle

[Bane]

Can the OP update us?