VT On Mini HP Contract

[Barnsley9]

Hi [MENTION=71570]R0b[/MENTION],

I’ve got a HP contract with Mini. I want to exercise my right to terminate. After my next instalment on 1 September 2016 I will be £86.82 short of the 50% paid off. But I want to get rid before October as that is when the first MOT is due. My questions are:

1) can I pay this additional amount now to bring it up to 50% repaid and then send a letter to terminate on 2 September?

2) the car has been fully serviced by a Skoda garage who have used non-genuine mini parts (brake pads, discs, tyres) but like for like in terms of quality, size and speed for tyres etc. Mini say I will be charged for any non genuine parts – the charges will be for the parts and labour. Is this correct under VT?

3) I’ve been told by Mini anything that is classed as “Amber” in terms of servicing must be completed before returning. Is this correct? Anything that has been red I have had serviced.

Appreciate any advice.

[R0b]

Re: VT On Mini HP Contract

Hello,

1. If you pay the additional amount now, you might be charged a fee for paying more than your monthly amount. I would suggest you give notice to VT then make the payment to bring it up to 50% or send them a cheque along with the VT notice for the amount to bring it up to 50%.

2. Tell Mini where to go on this point - as long as it's serviced that's fine.

3. The car only need to be returned in a reasonable condition, I don't know what Amber means on mini's but its up to you, if you think the car is roadworthy, runs and looks fine then there shouldn't be nothing to worry about. Just make sure to take lots of photos before handing it over in a dispute.

[Barnsley9]

Re: VT On Mini HP Contract

Thanks [MENTION=71570]R0b[/MENTION] for replying so quickly.

2) they are saying by me not using genuine Mini parts I will have void the manufacturers warranty and therefore be in breach of contract. Is this going to be a sticking point for me? And therefore make VT not possible?

3) Basically the car is fully road worthy. Nothing is due for service now. It's inly when I've had a health check as part of a standard service of another part - they highlight things that are coming up for a service, for example front brake pads and discs in 116 miles for example. But do not doing now. So that's fine surely? But Mini are saying no, anything coming up to requiring a service should be completed in full before it is returned.

[R0b]

Re: VT On Mini HP Contract

Does your contract say that it is a breach of contract if you don't use genuine parts? Even if it does I would suggest you VT asap because if it is a breach and they invoice you for it before you give notice then they will be able to claw those charges back. Once you VT, your liability is limited.

This is one of the reasons why you should give as little information as possible and put your notice in writing, once its done there is little they can do to claim back any damages or compensation for breach of contract.

[Barnsley9]

Re: VT On Mini HP Contract

Thanks for the help [MENTION=71570]R0b[/MENTION]

Where can I find a template VT letter please? Can this be emailed?

- - - Updated - - -

Emailed to the finance company I mean

[R0b]

Re: VT On Mini HP Contract

http://www.legalbeagles.info/forums/...ment-*UPDATED*

[Barnsley9]

Re: VT On Mini HP Contract

Many thanks

[Barnsley9]

Re: VT On Mini HP Contract

Hi [MENTION=71570]R0b[/MENTION] I'm just going through all my paper work for the Mini and cannot find the manufacturers warranty T&Cs as it was never provided. I have come across some other information on my contract and owners handbook though that I would value you casting your eye over in regards to the use of non genuine parts etc. Am I able to send you photos on here? Many thanks, Selina

[R0b]

Re: VT On Mini HP Contract

Hi @R0b I'm just going through all my paper work for the Mini and cannot find the manufacturers warranty T&Cs as it was never provided. I have come across some other information on my contract and owners handbook though that I would value you casting your eye over in regards to the use of non genuine parts etc. Am I able to send you photos on here? Many thanks, Selina

Morning, you can post the relevant bits up on here if you like just make sure your personal info is removed. Uploading can be done if you click on the 'go advanced' button and there is a paperclip icon to upload documents.

Alternatively you can upload via postimage.org and copy the forum thumbnail link

[Barnsley9]

Re: VT On Mini HP Contract

Hi [MENTION=71570]R0b[/MENTION] please see attached the only written information in regards to servicing and manufacturers warranty i have. I never received or was given terms for the manufacturers warranty. There is nothing in my HP contract about specifically using non genuine parts just refers to the manufacturers recommendations. Let me know what you think?

In the previous post you said it's best VT ASAP before they invoice me. But how would they know to before I actually VT?

[R0b]

Re: VT On Mini HP Contract

Morning, it's probably arguable that you would be obliged to have genuine parts for repairs but that would be subject to whether or not it was an unfair term. Aside from that, the CCa says your liability under s.99 excludes compensation or damages for breach of contract.

About the invoice, you said this:

2) the car has been fully serviced by a Skoda garage who have used non-genuine mini parts (brake pads, discs, tyres) but like for like in terms of quality, size and speed for tyres etc. Mini say I will be charged for any non genuine parts – the charges will be for the parts and labour. Is this correct under VT?

Did you inform Mini as to you not using genuine parts or was this just said when you told them to VT? It would be unlikely for them to carry out checks on the whoe of the car for non-genuine parts and I would be surprised if they do this but its possible they might.

[Barnsley9]

Re: VT On Mini HP Contract

Thanks [MENTION=71570]R0b[/MENTION]

I enquiried about VT and settlement figures with Mini Finance. And at the same time asked if when the car was returned whether all parts had to be genuine. To which they responded yes otherwise it would breach warranty and on return I would be charged for parts and labour. So not sure whether they would have noted this?

But are you saying that my liability excludes me from being charged for this under S.99? Sorry I'm lay when it comes to this!!

[R0b]

Re: VT On Mini HP Contract

Yes that'as what I'm saying, take a look at the link again in post #6 above. IF you read the subsection 'Law Relating to VT' and then you read section 100 in conjunction with the definition of 'total price' under s.189 you should understand why your liability does not include breaches of the contract when you VT.

section 173 just confirms any contractual term which conflicts with the CCA, is void and unenforceable.

[Barnsley9]

Re: VT On Mini HP Contract

Thank you for explaining that, I'll have a read.

One last question for now, I see there are two VT templates. Which one is best to send- the standard or beefed up one?

[R0b]

Re: VT On Mini HP Contract

I would suggest the beefed up version, the other one I think is out of date a little, plus you don't want the contract to terminate in 14 days you want to terminate effective immediately.