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Car Finance VT - what if car is inoperable?

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  • Car Finance VT - what if car is inoperable?

    Desperate and clutching at straws!

    I have a finance agreement on my Range Rover Sport (59 plate) which is due to conclude next year. The car was bought from a main dealer in 2013.

    Since purchase I have clocked up a total of 106,000 miles (38,000 on the clock when purchased). The vehicle has been serviced and maintained in accordance with manufacturers schedules albeit it not at the main dealer due to usually high labour rates.

    In February the vehicle suffered a catestrophic engine failure and is totally inoperable. The main dealer says that the engine has failed (sealed unit so not accessible to maintain) but it is out of warranty and Land Rover do not appear keen to replace as a gesture.

    Fit for purpose? Sold to me on a 5 year plan and it dies within 3.5 years?

    As the manufacturer says the engine has failed due to wear and tear although I can only maintain the ancillaries and not the engine itself, if I exercise my right to a VT where do I stand on condition? Feel like just calling Land Rover finance and say come and pick it up (after giving written notice of course)

    Help?
    Tags: None

  • #2
    Re: Car Finance VT - what if car is inoperable?

    The would need to be in a reasonable condition, I'm afraid if it is inoperable that would not satisfy reasonable condition I think. The car at the very least needs to be in a roadworthy condition and would expect it to be in a condition to drive too.

    You may have a hard struggle trying to argue fit for purpose too unless you can prove that the parts or the engine was not fit for purpose at the time of purchase. You might want to look into life expectancy of the vehicles but it would almost come down to driving style and usage I guess and higher performance cars may not last as long as ones with not as great performance and maintenance. is it possible that the servicing etc by the garages have used inadequate fluids and oils which could have cause the engine more wear and tear than expected?

    Before you VT you may wish to work out the cost of replacing the engine against completing the agreement and owning it outright then selling it on and trying to recover your monies. If you hand it back, Land Rover Finance will most certainly want to recover the cost of an engine (probably brand new) and you then have to argue with them and go to court. If the cost of the engine is more than £10 that will put you outside of the small claims bracket and into fast track which means legal fees are recoverable too which will or could be a further few thousand quid on top.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      Re: Car Finance VT - what if car is inoperable?

      Ouch, I pay £734 a month and the cost of a new engine is £12k+

      Is it not reasonable to say the manufacturer has some liability as they seal the unit so that it cannot be stripped down and maintained?

      Is a £66k car at new not expected to live 5 years?

      like I said, desperate

      - - - Updated - - -

      :tinysmile_cry_t: The cost of a new engine through a dealership is £12k plus, I owe just less than £19k on the car to settle. All parts used are the aftermarket brands plain labelled to the manufacturer.

      at £734 per month it's a hard nut to swallow

      thank you for your speedy response

      - - - Updated - - -

      :tinysmile_cry_t: The cost of a new engine through a dealership is £12k plus, I owe just less than £19k on the car to settle. All parts used are the aftermarket brands plain labelled to the manufacturer.

      at £734 per month it's a hard nut to swallow

      thank you for your speedy response

      Comment


      • #4
        Re: Car Finance VT - what if car is inoperable?

        I'm not a car expert unfortunately, so I can't comment on the lifespan of a car, especially a high performance one. If you want the answers to your question I suspect you will need to find an expert on Range Rovers to delve into it a little bit more. They are more likely to have first hand knowledge of any problems with these types of cars and answer your question as to whether an engine would fail under your circumstances. When you VT I suppose you could argue that the cost of recovering a brand new engine would be unfair as when you VT you need only return it in a reasonable condition. So it a reconditioned engine would put the car into a roadworthy condition then you could argue that point as opposed to ordering the most expensive parts as they will have a duty to mitigate losses.

        Do you have an argument to say its unreasonable to seal an engine unit so that it cannot be maintained except by Jaguar Land Rover only and in the event of an engine failure like this you then have to pay the premium? I would say probably not because you can't really tell a car manufacturer how to make their cars can you? But it would be interesting to see their response on that point, and whether or not it is accepted.

        If you VT you still have the option of making a complaint to the Financial Ombudsman if you are still not happy with Land Rover's charges. If the Ombudsman does not agree in your favour you are not bound by the decision but they do agree with you to some extent and you accept that decision then it would be binding on both parties. If you refuse to accept you still open yourself up to the likelihood of court action against you.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment

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