Voluntary termination: Experiences with Barclays and condition of cars query.

jackmarak

Hi all,

I've read a lot on here about Barclays and it seems I have a battle on my hands.

What was the condition of your car and what was your experience with handing it back?

Did you end up having to fork for minor damages, did you take it to court etc?

Trying to figure out how pedantic I should be with the cars condition before it goes back.

Kind regards.

AdrianC

Your finance almost certainly bases fair wear and tear on the BVRLA guide.
https://www.hitachicapitalvehiclesolutions.co.uk/personal-leasing/fair-wear-tear

jackmarak

Thanks for the reply. I'm aware of that.
However, VT states the car should be in "reasonable" condition.
BVRLA doesn't even take into account the age of the care unfortunately.

So I was wondering what people have got away with in the past and does the car being far below the mileage it should, get taken into account?

k3lvc

The BVRLA guidance is there for all - it gives clear measurments/examples that you can use if you disagree with their view of condition. Given that VT is usually a financial loss for the the lender then they're always going to try to minimise their losses. You're unlikely to get any 'credit' for unused mileage.


Is there a specific issue/damage you're worried about ?

jackmarak

The steering wheel airbag cover has as split in it.
It will probably be replaced.

Everything else will be dealt with but there's nothing much wrong with it.

They'll more than likely make their money back on this vehicle, given that the 50% is way past and the car in it's condition will make up the rest of the total sum, if not more.

AdrianC

jackmarak wrote: »

Thanks for the reply. I'm aware of that.
However, VT states the car should be in "reasonable" condition.

Yep, the legislation's exact wording states that you are under...
"an obligation to take reasonable care of the goods"

BVRLA doesn't even take into account the age of the care unfortunately.

The industry-standard definition of "reasonable care" is the BVRLA guide. You agreed to be judged by that when you took the finance out.

...and does the car being far below the mileage it should, get taken into account?

No. You simply won't get charged for any excess mileage.

The steering wheel airbag cover has as split in it.

I presume this is damage that's been caused (how?) rather than being some kind of material failure that could be dealt with under warranty. I suspect the "cover" is integral to the bag, and so replacement is not going to be cheap.

The guide explicitly states the interior must not have tears, but does say "scratches that reflect normal use are acceptable".

jackmarak

The "Do I need an airbag + cover or just the cover" is another kettle of fish.
It will be sorted now though.

People have argued that BVRLA isn't suitable for non-commercial vehicles in the past.
As for agreeing to be judged by those standards. Doesn't the VT void that contract?
Legislation above contract etc.

AdrianC

jackmarak wrote: »

The "Do I need an airbag + cover or just the cover" is another kettle of fish.

Not really. If the manufacturer lists the cover as a stand-alone part, then it's replaceable. If not, then it's going to be a complete bag unit.

People have argued that BVRLA isn't suitable for non-commercial vehicles in the past.

People have argued a lot of things in an attempt to get a smaller bill. Saying "Oooh, but it's not a commercial vehicle" would probably hold you to an even tighter standard, though, since a commercial by nature gets more wear than a private car.

As for agreeing to be judged by those standards. Doesn't the VT void that contract?
Legislation above contract etc.

No, because the legislation simply says "an obligation to take reasonable care of the goods", and that you are required to recompense the financier if you don't.
Consumer Credit Act 1974, section 100, point 4.
https://www.legislation.gov.uk/ukpga/1974/39/section/100

That obviously needs interpretation. The industry standard interpretation is accepted as the guide published by the industry body, the BVRLA.

jackmarak

So the BVRLA is the only standard accepted in court every time?

AdrianC

It's entirely possible an individual court case might go a different way, but how lucky do you feel?

neilmcl

jackmarak wrote: »

So the BVRLA is the only standard accepted in court every time?

It's a standard that has been accepted as being fair and reasonable. Whether the court takes into account is pretty much down to the judge on the day and the arguments put forward.