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Breach of PCP contract on dealership side

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MCNAV
MCNAV Posts: 28 Forumite
10 Posts First Anniversary Name Dropper
Hello, I purchased a vehicle under PCP one year ago and still had two years left on the warranty.

The vehicle has been in to the dealership atleast 5-6 times in the last 12 months for very similar/exact same jobs, all the sudden I received an email saying these issues aren't under the warranty anymore, even though they had been previously covered, and they want me to pay for them. Is this a breach of warranty contract? Can I give my car back and end the agreement immidiately?

Had so many issues with the dealership over the years, been called a lier, many things, just want to be done, does this sound like a breach of contract to you, and would it be good grounds to end a PCP contract?

Comments

  • DrEskimo
    DrEskimo Posts: 2,435 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    edited 20 November 2020 at 2:18PM
    The warranty has nothing to do with your finance agreement.

    They may have to honour the repair under the warranty agreement, but that does not mean you can end your finance agreement, which is an agreement you have with a lender, not the dealership.

    It depends entirely on what the fault is and what action has been done. You could try to build a case to reject the car.
  • MCNAV
    MCNAV Posts: 28 Forumite
    10 Posts First Anniversary Name Dropper
    Let's say the finance agreement has this included, talking about the warranty, would that be then terms to reject and end the agreement do you think? I understand this is just personal opinions and not legal advice. Just trying to understand my situation a little better from others perspectives.
  • born_again
    born_again Posts: 20,424 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    MCNAV said:
    Hello, I purchased a vehicle under PCP one year ago and still had two years left on the warranty.

    The vehicle has been in to the dealership atleast 5-6 times in the last 12 months for very similar/exact same jobs, all the sudden I received an email saying these issues aren't under the warranty anymore, even though they had been previously covered, and they want me to pay for them. Is this a breach of warranty contract? Can I give my car back and end the agreement immidiately?

    Had so many issues with the dealership over the years, been called a lier, many things, just want to be done, does this sound like a breach of contract to you, and would it be good grounds to end a PCP contract?
    So what sort of issue, just becomes no longer a "Warranty Repair"?
    Life in the slow lane
  • MEM62
    MEM62 Posts: 5,316 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    You can only answer your questions by reading your warranty. What does it say? 
  • Car_54
    Car_54 Posts: 8,838 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    OP, you said it "still had two years left on the warranty", which suggests it's the manufacturer's warranty.
    Is that the case? If so, have you contacted the manufacturer's warranty department?
  • facade
    facade Posts: 7,589 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 20 November 2020 at 4:37PM
    MEM62 said:
    You can only answer your questions by reading your warranty. What does it say? 

    Some things are only often covered for a year, like rainwater leaks and audio equipment.
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
  • MCNAV
    MCNAV Posts: 28 Forumite
    10 Posts First Anniversary Name Dropper
    For anyone reading this post months down the line, I had purchased the vehicle under PCP, meaning I didn't own the vehicle till my final lump sum payment. Which prevented me from taking certain court actions (not fixing my vehicle under warranty till I paid for the repairs), or coming to an agreement with the dealership (as it techinically wasn't my vehicle).

    I ended up calling my finance company after I realised this, which to my surprise had no contact with the dealership itself (Lloyds Bank). After about 2-3 months of waiting, one day out of the blue I got a phone call and they agreed to inspect the vehicle independently. After another month or so of no phone calls or no inspectors coming out, they called me and decided to give me a complete refund, plus 8% on all my monies. After a year of having the faulty vehicle, it all ended in good terms.

    My only word of advice, be specific, and do everything in writing. A lot of my problems could've been avoided if I had received a copy or EVERYTHING, and I mean everything!
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