Advise Required on VT

[yus786]

Apologies for yet another ‘Advise Required for VT’ thread.

I am in year 3 of a 4 year Personal Lease deal on a VW Passat. Recently having the NOx Emission fix done, I am worried my car is no longer road worthy and wish to end the agreement.

I will paste my emails to the leasing company and their response. Would really appreciate some advice on next steps:

Email 1 to Leasing agent:

Hoping you can help or point me to someone who can please.

You may be aware, the recent EA 189 NOx Service Action has left many cars un-drivable and accidents waiting to happen.

If you follow “the Volkswagen Diesel Customer Forum (Emissions Scandal)” Facebook page, you can read the threads where people have posted factual evidence of the issues faced and many near miss’s

The main issue for me is the car could go into LIMP mode anytime, meaning it loses all power. Imagine being on the motorway when this happens.

I have also sent an email to the Department of Transport to seek some advice.

Now, as I have paid more than 80%. I have paid around £11500 out of the £14300 – I wish to voluntary terminate. I wish to give the car back and walk away (well get another contract on another NON VAG Vehicle)

Please advise how I do this or who I need to speak to?

This email then got sent to the Leasing/Finance company with this add on:

Please see the email below

Has there been a recall notification on these cars or is the issue referred to relating to another batch of vehicles?

If Mr XXX wants to return the car, can he do so without paying the 50% settlement fee. I know this is not standard practice but can you advise on an individual basis.

Please advise.

This is the response from the Leasing/Finance company

I hope you are well. We have received some feedback from VW regarding the below. I have been advised that there is a Customer Service Hotline number 0845 8508585 which the customer can call to sort out getting the vehicle checked re the emissions. I have been advised that this hotline will be able to provide assistance regarding mobility and long distance.

I can confirm that we would not receive and have not received any recalls regarding the VW Emissions scandal and we would not terminate the agreement for this reason. If you wish to terminate the agreement it would be a normal early termination process where you would receive a quote for an early termination and if you wish to go ahead with the early termination you would sign the quote and arrange collection, and then be charged for the amount stated on the quote.

What should my next step be? I am already looking at the Wear & Tear guidelines and will have any work done to the car if required.

But in terms of ending this agreement, what should i do?

Many thanks

[R0b]

Re: Advise Required on VT

Hello,

What fix have they carried out, and when exactly was it carried out? What makes you think that following the fix the car is no longer road worthy?

You could potentially argue that having purchased the car based on its emissions specifications and having subsequently found out since the vehicle was not what you expected, there's probably a misrepresentation somewhere. Equally, if, following the emissions fix you are now having to spend more money than you had previously to keep the car running, then arguably it is no longer of satisfactory quality and/or fit for its intended purpose. For those reasons you could probably look to terminate the agreement and not pay anything more or claim compensation as a result. But before you do that you need to have all your facts straight and not rush into it then realising you made a cock up.

If termination is not possible without incurring liability, then VT is your next route. I see you mentioned a personal lease so if this is the case then you cannot VT as personal leases are hire contracts and these agreement types work differently to hire-purchase agreements. I suspect you might be using the wrong terminology and you might be referring to a PCP if you think you can VT but you should double check your documentation first.

Second, if you haven't already read it I would suggest you take a look at the link below, section 3 about the type of agreement you have.

http://legalbeagles.info/forums/show...on-Your-rights

[yus786]

Re: Advise Required on VT

Hello,

What fix have they carried out, and when exactly was it carried out? What makes you think that following the fix the car is no longer road worthy?

You could potentially argue that having purchased the car based on its emissions specifications and having subsequently found out since the vehicle was not what you expected, there's probably a misrepresentation somewhere. Equally, if, following the emissions fix you are now having to spend more money than you had previously to keep the car running, then arguably it is no longer of satisfactory quality and/or fit for its intended purpose. For those reasons you could probably look to terminate the agreement and not pay anything more or claim compensation as a result. But before you do that you need to have all your facts straight and not rush into it then realising you made a cock up.

If termination is not possible without incurring liability, then VT is your next route. I see you mentioned a personal lease so if this is the case then you cannot VT as personal leases are hire contracts and these agreement types work differently to hire-purchase agreements. I suspect you might be using the wrong terminology and you might be referring to a PCP if you think you can VT but you should double check your documentation first.

Second, if you haven't already read it I would suggest you take a look at the link below, section 3 about the type of agreement you have.

http://legalbeagles.info/forums/show...on-Your-rights

Many thanks R0b. Its a PCH

Is a VT possible?

[R0b]

Re: Advise Required on VT

Strictly speaking, yes you can VT on a hire contract but there are conditions attached to it. The CCA says that you cannot terminate a hire agreement if:

1. The rental payments exceed £1,500 per year; or

2. the goods are hired for the purposes of a business or you hold yourself out as using those goods for business; or

3. if you acquire them for the purpose of hiring them to some other person.

I assume your yearly payments exceed £1,500 per year and I would be surprised if they didn't, but only you can know that. If you do satisfy that criteria then you must give three months' notice and provided that the termination of the agreement is not less than 18 months, though I can see you are 3 of 4 years so that is fine.

[yus786]

Re: Advise Required on VT

Many thanks R0b. So the only option i have is to request an early termination quote

Thanks again.

[R0b]

Re: Advise Required on VT

Afraid so, make sure to try keep under the agreed mileage limit or you'll be stung for excess mileage fees too, and there will be nothing you can do about it.