PCP Ended but they wont collect the car!

Were_Doomed

NBLondon said:

Grumpy_chap said:

Is the OP continuing to pay monthly for the car?

How? If the agreement period has ended - what would they be paying?

There have been other threads recently where people have complained about having to continue paying for a car when the PCP deal has ended because the car wasn't being collected. (I'm a new member but long time lurker). I guess that's why the question was asked.

NBLondon

Makes no sense.  If the deal has formally ended so has the DD or other payment structure.  I can just about see there might be an obligation (in the agreement) to maintain insurance until collected which would be maybe a week or so.  If the agreement says you keep paying until collected at the finance co's leisure then I'm glad I've never signed one.

Were_Doomed

I agree in principle (never had a PCP so cannot speak from experience). I'm just relating what I recall reading here.  

neilmcl

NBLondon said:

Makes no sense.  If the deal has formally ended so has the DD or other payment structure.  I can just about see there might be an obligation (in the agreement) to maintain insurance until collected which would be maybe a week or so.  If the agreement says you keep paying until collected at the finance co's leisure then I'm glad I've never signed one.

The OP hasn't said anything about still making payments to the finance provider. I think it's pretty safe to assume that what he's, rightfully, moaning about is having to keep paying insurance, MOT and tax on a car he's not driving.

MEM62

neilmcl said:

macman said:

A threat to cancel the insurance might stir them into action, as their asset is then under threat?

Although you have a duty of care for the car whilst it's in your possession, their asset or not.

I would take a different view.  If they have repeatedly failed to collect it despite requests from the OP, there would come a point where the OP's obligation in that respect ends.  

macman

neilmcl said:

macman said:

A threat to cancel the insurance might stir them into action, as their asset is then under threat?

Although you have a duty of care for the car whilst it's in your possession, their asset or not.

I said threaten to cancel it, not cancel it. Give them 14 days to collect it.

silverwhistle

I'm sure a search here or elsewhere will reveal other threads on exactly this matter. From memory (don't quote me! ) I think this issue of reasonableness in contract law came up and they don't have an endless obligation of duty of care! So give them (say) 14 days notice and a specific date when you will cancel insurance and tax and send off the documents. That will panic them into action, and there is absolutely no way they will ever initiate action under any duty of care provision; the court would have them for a vexatious action.

neilmcl

At the end of the day you have duty of care of the car for as long as they are in your possession or until they have either been collected or disposed of in a legitimate manner. Thinking about this further I'd agree you should write to the finance provider giving them a fixed, and reasonable, period to collect the car after which if they haven't done so you will dispose of it yourself, at auction, deducting any fees incurred from the final payment including your costs to insure, tax and MOT the vehicle.

Another avenue would be to contact the Financial Ombudsman (FOS).

parking_question_chap

"Thinking about this further I'd agree you should write to the finance provider giving them a fixed, and reasonable, period to collect the car after which if they haven't done so you will dispose of it yourself, at auction, deducting any fees incurred from the final payment including your costs to insure, tax and MOT the vehicle."

I would love to hear their response to this.

lcc86

neilmcl said:

At the end of the day you have duty of care of the car for as long as they are in your possession or until they have either been collected or disposed of in a legitimate manner. Thinking about this further I'd agree you should write to the finance provider giving them a fixed, and reasonable, period to collect the car after which if they haven't done so you will dispose of it yourself, at auction, deducting any fees incurred from the final payment including your costs to insure, tax and MOT the vehicle.

Another avenue would be to contact the Financial Ombudsman (FOS).

Please don't dispose of the car yourself OP, I realise they have taken the mickey but this is their car and they will pursue you if you sell the car. Write to them, give them say 14 or 28 days to collect. Sometimes you can arrange to drop at a dealer but in these circumstances I would get an agreement to do so in writing if they wo be willing to do so. Just get in the finance company's case, write to them, hassle them by phone daily if you have to until they do what they should've done. It's not really acceptable from them but it's probably the best way to get them to collect.