Faulty vehicle - Personal Contract Hire

JamesMoody

I have a 2019 Mitsubish Outlander PHEV that developed a fault just after its first service and a few days before lockdown. It is not my car as it's personal contract hire through Shogun Leasing (part of Lex). Subsequently it has been off the road - (EV failure warning) for 2 months and I've just been told by garage likely to be 2-3 weeks more until they are able to get fixed as it requires a complete new battery system (pretty disappointing after just one year). During this time I have continued with rental payments by direct debit even though vehicle was faulty. Currently that equals 2 months payment and a 3rd will be taken in a few days time. I am chasing for a refund of payments made during this time as the car has not been fit for purpose. Lex Autoleasing have been very non responsive so far. Any advice regarding my rights would be much appreciated. This is not a case of not being allowed to drive due to lockdown, but a case of car being being un-drivable due to a severe technical malfunction. 

DoaM

You should have demanded that they provide a courtesy car for the duration that yours is off the road awaiting repair - did you?

AdrianC

Cars have problems. Complex cars have complex problems. No surprise here.
The only thing out of the ordinary here is the delay in parts supply - and that's outside of everybody's control.

There's no scope in legislation for a refund of monthly payments - nor is this in and of itself grounds for rejection. The warranty will deal with it...

JamesMoody

DoaM said:

You should have demanded that they provide a courtesy car for the duration that yours is off the road awaiting repair - did you?

Yes, however they responded I was only entitled for a courtest vehicle for 3 days which didn't help.

JamesMoody

AdrianC said:

Cars have problems. Complex cars have complex problems. No surprise here.
The only thing out of the ordinary here is the delay in parts supply - and that's outside of everybody's control.

There's no scope in legislation for a refund of monthly payments - nor is this in and of itself grounds for rejection. The warranty will deal with it...

To clarify, this is not a finance agreement. I am hiring the car in the same way I would hire from Avis car rental. Surely no consumer would be expected to pay rental for a car that doesn't work?

AdrianC

JamesMoody said:

AdrianC said:

Cars have problems. Complex cars have complex problems. No surprise here.
The only thing out of the ordinary here is the delay in parts supply - and that's outside of everybody's control.

There's no scope in legislation for a refund of monthly payments - nor is this in and of itself grounds for rejection. The warranty will deal with it...

To clarify, this is not a finance agreement. I am hiring the car in the same way I would hire from Avis car rental. Surely no consumer would be expected to pay rental for a car that doesn't work?

Then you should have just returned it to the hire company, if it was on a day-hire.

I assumed your reference to PCH meant it was on a multi-year finance deal, hence dealing with the dealer being your problem rather than theirs.

kmb500

How is it not a finance agreement? Lex Autoleasing sells PCH contracts just like any other lease company. It is not the same as a 1-day rental from Avis.

Faults are covered by manufacturer warranty and i assume the local mitsubishi dealer that's fixing the car has offered a courtesy car??

JamesMoody

kmb500 said:

How is it not a finance agreement? Lex Autoleasing sells PCH contracts just like any other lease company. It is not the same as a 1-day rental from Avis.

Faults are covered by manufacturer warranty and i assume the local mitsubishi dealer that's fixing the car has offered a courtesy car??

Sorry, perhaps my terminology (or understanding) is incorrect however I've always thought of financing as a means to "purchase" something whereas in this case (Personal Contract Hire)  I am paying for use of the vehicle and not in any way leading towards a purchase. Guess my analogy with Avis wasn't a good one. Also appreciate the circumstances have been unusual to say the least with dealership going into lockdown. Subsequently, I have yet to have a replacement vehicle from either Mitsubishi, the dealership, or Lex. I was offered one for max of 3 days by Mitsubishi assist but that didn't really help under the circumstances. Really surprised that I would be expected to continue "rental" payments (and the invoices I get specifically state "rental") for 3 months with no working car?

AdrianC

JamesMoody said:
Subsequently, I have yet to have a replacement vehicle from either Mitsubishi, the dealership, or Lex. I was offered one for max of 3 days by Mitsubishi assist but that didn't really help under the circumstances.

This is your issue...

Warranty does not guarantee you a replacement car, though - especially in an extended repair - manufacturers and dealers would normally try to provide one. Did you take the 3-day car offered? In the circumstances, it may well have not been collected...

Really surprised that I would be expected to continue "rental" payments (and the invoices I get specifically state "rental") for 3 months with no working car?

You are contractually bound to the payments. Yes, they are contractually bound to provide you a car... and they have. But the car is currently in for a warranty repair (outside their control), which is delayed (for reasons outside their control).

Is the car actually undriveable? Or is it just ICE-only?

JamesMoody

AdrianC said:

JamesMoody said:
Subsequently, I have yet to have a replacement vehicle from either Mitsubishi, the dealership, or Lex. I was offered one for max of 3 days by Mitsubishi assist but that didn't really help under the circumstances.

This is your issue...

Warranty does not guarantee you a replacement car, though - especially in an extended repair - manufacturers and dealers would normally try to provide one. Did you take the 3-day car offered? In the circumstances, it may well have not been collected...

Really surprised that I would be expected to continue "rental" payments (and the invoices I get specifically state "rental") for 3 months with no working car?

You are contractually bound to the payments. Yes, they are contractually bound to provide you a car... and they have. But the car is currently in for a warranty repair (outside their control), which is delayed (for reasons outside their control).

Is the car actually undriveable? Or is it just ICE-only?

It is un-driveable. Dashboard displays EV Service required and goes into limp mode. Dealer has told me it's a failure of the EV battery and needs to be replaced - likely to be another 2-3 weeks before this can be done. Completely understand I am contractually obliged to make the payments (hence I have continued) but would have thought in the same respect they are contractually obliged to provide a working vehicle for said period. 

AdrianC

I can't read your contract from here. What does it say about whether there is such an obligation?