Voluntary termination of business contract hire car due to now being registered blind

[Dr. Malta]

Lex Autolease want to charge £4400 for the remaining term of my friend's car..She has Lupus which has attacked both eyes and she is 95% blind in one eye with a cornea replacement on the other and cannot drive safely. Surely she nolonger has quiet possession of the vehicle and the supplier is in breach under the safety element of the vehicle which could now be involved in an accident?

[Kati]

Re: Voluntary termination of business contract hire car due to now being registered b

tagging [MENTION=71570]R0b[/MENTION] xx

[R0b]

Re: Voluntary termination of business contract hire car due to now being registered b

Lex Autolease want to charge £4400 for the remaining term of my friend's car..She has Lupus which has attacked both eyes and she is 95% blind in one eye with a cornea replacement on the other and cannot drive safely. Surely she nolonger has quiet possession of the vehicle and the supplier is in breach under the safety element of the vehicle which could now be involved in an accident?

Hi Dr Malta,

I'm not exactly sure what your question is, please can you elaborate further? What do you mean by quiet possession? Why are Lex in breach of health and safety?

What type of contract is it? voluntary termination is only applicable to certain agreements.

[Dr. Malta]

Re: Voluntary termination of business contract hire car due to now being registered b

Hi Dr Malta,

I'm not exactly sure what your question is, please can you elaborate further? What do you mean by quiet possession? Why are Lex in breach of health and safety?

What type of contract is it? voluntary termination is only applicable to certain agreements.

Hi Rob..How lovely for you to reply. The Master Hire Agreement has conditions on both sides...much like any tenancy to rent ...quiet enjoyment of a building translates into quiet possession of a vehicle which my client simply has lost due to her blindness...she cannot reasonable enjoy the vehicle and pay her rentals until the 20 month termination point if she cant even see the vehicle. The Leasing company will have to admit their failing in keeping their end up and similarly it is a comdition of the rental that the vehicle is carefully maintained and accident free..My client is blind so again this is impossible to maintain. I believe from my experience the MHA will be terminated . The letter and endorsements have been sent. They have 14 days to respond.

Kindest regards Dr. Malta

[R0b]

Re: Voluntary termination of business contract hire car due to now being registered b

I think you may be barking up the wrong tree in relatin n to quiet possession because it is not Lex's fault that she became blind nor can they be liable for health and safety unless the car was not safe to drive and they knew of it. As the contract is a hire agreement, that cannot be VT'd (there may be an argument to return after 18 months but if need to double check)

I will try to explain later but perhaps you may want to consider relying on frustration. If you do a search for "frustrated contracts" that may be a better reason to argue.

[Dr. Malta]

Re: Voluntary termination of business contract hire car due to now being registered b

I think you may be barking up the wrong tree in relatin n to quiet possession because it is not Lex's fault that she became blind nor can they be liable for health and safety unless the car was not safe to drive and they knew of it. As the contract is a hire agreement, that cannot be VT'd (there may be an argument to return after 18 months but if need to double check)

I will try to explain later but perhaps you may want to consider relying on frustration. If you do a search for "frustrated contracts" that may be a better reason to argue.

Yes I agree A frustrated contract would work if my letter fails. I have had a similar contract terminated where the client was offered a motability vehicle after a double hip replacment..The chc FMC took the vehicle back as a gesture of good will after 18 months. This vehicle is in its 19th month. The client has been entitled to a motab vehicle since November 2016. You are truly inspirational and your acumen is greatly appreciated .Ill let you know how they respond and would like to thank you