PCP Medical Termination

2006Kuredu

Hi All,

Wondering if someone may be able to help please. I have a PCP with BMWFS taken out Dec 13 due to expire Dec 17.

Due to an unexpected illness my medical situation has changed meaning I am no longer able to drive the vehicle through advice of the hospital and DVLA guidelines. I have spoken to BMWFS (who did not appear to have a clue about their own contracts!) The only thing they could suggest is to pay the VT Fee of £3,387.99.

This could be a long shot but would there be, or indeed should there be any medical termination/suitability of purpose clauses in the contract? I asked BMW but again they said they didnt have a clue and instead suggested I got a legal professional to check for me!

Thanks in advance for any help

BrassicWoman

what did you find when reading your copy of the contract?

2006Kuredu

There was no reference to anything in there. Only the 50% payment VT wording

BrassicWoman

Unless there's also some kind of PPI cover there, I'd say you are out of luck

ReadingTim

Sorry to hear about your situation, and while I can sympathise because it's hardly your fault you're ill, it's hardly BMW's fault either. I suspect that if BMW took a lenient approach to cases like yours, there'd be lots of people trying to worm their way out of contracts they'd signed up to with serious illnesses. Who make miraculous recoveries once they're off the hook for the payments.

At the end of the day, the reason you can't use the car any more isn't important - you're ill, but you could equally have been banned for drink driving - you still have to terminate the agreement, and the VT arrangements are as set out in the contract. Which you signed up to.

Sorry if this isn't what you want to hear, and you're probably better off taking proper legal advice in the event there's case law or other precedents to suggest an alternative conclusion would be reached. And there's nothing to prevent you writing a letter and appealing to their compassion and reducing the amount as a 'goodwill gesture'. Don't bank on it though - they've probably heard all manner of sob stories, and have fairly hard hearts...

2006Kuredu

Thanks everyone for the replies and good points ReadingTim.

National_Debtline

Hi 2006Kuredu


I wouldn't expect a standard PCP contract to feature such a clause. If something occurs after the event that makes the product unsuitable for you, the lender is under no obligation to waive its contractual rights. The right to voluntarily terminate the agreement is likely to be the only way you have of limiting your liability.


Beyond that, you may be able to persuade BMW to compromise and accept a lower settlement as a gesture of goodwill.


Dennis
@natdebtline


EDIT - cross posted with ReadingTim.