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Good Evening,
I am posting to hopefully gain some advice regarding my ongoing contract with BMW. I took a contract out for a used car having given my previous car as a part exchange deposit.
All was going well with the car and I was extremely happy with the service from the dealership. However, unfortunately I suffered a seizure back in May and my driving license was revoked for 6 months.
I rang up BMW to assess my options who said I could either give the car back to them and pay the premium or buy the car outright. I wasn’t in a position to do either and asked if I could get the car insured with a family member or friend. They said on the phone this would be fine providing I was still paying the direct debits to which I agreed.
Fast forward and I was asked to forward over a copy of the third party insurance and was advised in the letter that “once done no further action was necessary”. I then received a further email advising I needed to send a copy of my insurance policy being cancelled and a copy of my letter from the DVLA confirming the ban. Unfortunately an oversight on my part as I completely missed this email despite having informed them off this via the telephone. Upon realising my error, I sent over the information quickly via email but they are upholding their decision to terminate the contract leaving me with a huge deficit to find in the next few weeks - I suspect it will leave me out of pocket by £4-6k.
I have never missed a payment and been upfront and honest about my circumstance with BMW. They constantly reiterate that they are following their process - it seems that this process applies to everyone whether they have had their license revoked for medical reasons or have been done for drink driving - if it was the latter I would have less sympathy for myself.
As it stands, the contract says I must have insurance in my name for the duration of the contract. As my policy was automatically cancelled and I was unable to take out a new policy in my name under any circumstance then it was impossible to fill the contract. It was for this reason that I rang BMW to query whether I was allowed to insure the car under a different name which they said was fine. What the contract is effectively asking from me is a guarantee of my health for 4 years which is impossible and I’m advised could potentially breach the Unfair Contract Terms Act 1977. I personally have no idea on the legalities of it but I am sure I have a leg to stand on.
Any help is hugely appreciated.
Regards,
Ross
I am posting to hopefully gain some advice regarding my ongoing contract with BMW. I took a contract out for a used car having given my previous car as a part exchange deposit.
All was going well with the car and I was extremely happy with the service from the dealership. However, unfortunately I suffered a seizure back in May and my driving license was revoked for 6 months.
I rang up BMW to assess my options who said I could either give the car back to them and pay the premium or buy the car outright. I wasn’t in a position to do either and asked if I could get the car insured with a family member or friend. They said on the phone this would be fine providing I was still paying the direct debits to which I agreed.
Fast forward and I was asked to forward over a copy of the third party insurance and was advised in the letter that “once done no further action was necessary”. I then received a further email advising I needed to send a copy of my insurance policy being cancelled and a copy of my letter from the DVLA confirming the ban. Unfortunately an oversight on my part as I completely missed this email despite having informed them off this via the telephone. Upon realising my error, I sent over the information quickly via email but they are upholding their decision to terminate the contract leaving me with a huge deficit to find in the next few weeks - I suspect it will leave me out of pocket by £4-6k.
I have never missed a payment and been upfront and honest about my circumstance with BMW. They constantly reiterate that they are following their process - it seems that this process applies to everyone whether they have had their license revoked for medical reasons or have been done for drink driving - if it was the latter I would have less sympathy for myself.
As it stands, the contract says I must have insurance in my name for the duration of the contract. As my policy was automatically cancelled and I was unable to take out a new policy in my name under any circumstance then it was impossible to fill the contract. It was for this reason that I rang BMW to query whether I was allowed to insure the car under a different name which they said was fine. What the contract is effectively asking from me is a guarantee of my health for 4 years which is impossible and I’m advised could potentially breach the Unfair Contract Terms Act 1977. I personally have no idea on the legalities of it but I am sure I have a leg to stand on.
Any help is hugely appreciated.
Regards,
Ross
