MINI/BMW - V5C Lost in post

Freyamb

I recently handed my Mini back to the finance company, within this process they asked me to return my V5C not including the yellow section to them before the car is collected to the following postal address: Freepost, vehicle admin. 

The address seemed weird to me but Mini customer service reassured me this address is correct, they did not mention anything about making sure there’s proof of postage, so I sent it.

About 1 week/10 days after I sent it I’ve now received an email saying they don’t have it and that they must receive it within 7 days or I will be charged £100.

Has anyone been in this situation? Surely I shouldn’t have to pay £100 for a new logbook if it was sent to where I was asked to send it to? Surely it’s their fault their method of sending it to them isn’t secure? 

Any help much appreciated!

AdrianC

The address is indeed correct, and full... It's the same as is given on this page :- https://www.bmw.co.uk/en/topics/owners/financial-services/existing-customers/returning-your-bmw.html

Simply say to them that - yes, you sent it and that you cannot be held responsible for a failure of the postal system.

David713

Simply reply to them stating that you followed their instructions in returning the document and in doing so, you have fully complied with your obligations and as they stated, you trusted what they wrote:

At the same time you must send the rest of the V5C document back to us at our free post address. Just include your V5 in an envelope, writing the address as “FREE POST, VEHICLE ADMIN” on the front of the envelope and post back to us. That may seem short, but please trust it will get back to us.

Flight3287462

Proof of postage costs nothing.  I think you will be paying for this.

David713

Hunyani_Flight_825 said:

Proof of postage costs nothing.  I think you will be paying for this.

I disagree.
Provided that the OP followed the instructions given to them then I don't see why they should have to pay due to either the failure of the postal service or a possible screw up by the staff of the finance company who could have received then mislaid the V5C.

If if was advised that a proof of postage was obtained and this advice wasn't followed then I agree that the OP might end up paying but as it wasn't, they have done all that was required of them by simply posting the document back to the address given.

Flight3287462

David713 said:

Hunyani_Flight_825 said:

Proof of postage costs nothing.  I think you will be paying for this.

I disagree.

That's probably an age thing and your views about personal responsibility.

How would you react if you bought something and it was posted out via Royal mail but failed to arrive and the seller said tough luck I posted it?

AdrianC

Hunyani_Flight_825 said:

David713 said:

Hunyani_Flight_825 said:

Proof of postage costs nothing.  I think you will be paying for this.

I disagree.

That's probably an age thing and your views about personal responsibility.

How would you react if you bought something and it was posted out via Royal mail but failed to arrive and the seller said tough luck I posted it?

Simple...

Sender's responsibility to claim from RM, once it's officially deemed lost - 10 working days after it should have been received, £20 max compensation with evidence of contents and posting, 6x postage cost without.

https://www.royalmail.com/retail-compensation-policy-loss

V62 for a replacement V5C is £25. Financier's charge is £100. You want to claim that? Post using an appropriate service.

David713

Hunyani_Flight_825 said:

David713 said:

Hunyani_Flight_825 said:

Proof of postage costs nothing.  I think you will be paying for this.

I disagree.

That's probably an age thing and your views about personal responsibility.

How would you react if you bought something and it was posted out via Royal mail but failed to arrive and the seller said tough luck I posted it?

How would I react?
Well, I would expect the seller to either replace the missing goods or to refund me as that would be their legal obligation as the goods are their responsibility until delivered.

The OP didn't  sell anything and their legal obligation was to send the V5C in the post after addressing it correctly and they did this so unless the finance company can prove otherwise, the OP has done all that was required of them.

Flight3287462

David713 said:

Hunyani_Flight_825 said:

David713 said:

Hunyani_Flight_825 said:

Proof of postage costs nothing.  I think you will be paying for this.

I disagree.

That's probably an age thing and your views about personal responsibility.

How would you react if you bought something and it was posted out via Royal mail but failed to arrive and the seller said tough luck I posted it?

How would I react?
Well, I would expect the seller to either replace the missing goods or to refund me as that would be their legal obligation as the goods are their responsibility until delivered.

The OP didn't  sell anything and their legal obligation was to send the V5C in the post after addressing it correctly and they did this so unless the finance company can prove otherwise, the OP has done all that was required of them.

So you are quite happy with the contradiction in your argument.

The OP has no proof the V5c was sent.

David713

Hunyani_Flight_825 said:

David713 said:

Hunyani_Flight_825 said:

David713 said:

Hunyani_Flight_825 said:

Proof of postage costs nothing.  I think you will be paying for this.

I disagree.

That's probably an age thing and your views about personal responsibility.

How would you react if you bought something and it was posted out via Royal mail but failed to arrive and the seller said tough luck I posted it?

How would I react?
Well, I would expect the seller to either replace the missing goods or to refund me as that would be their legal obligation as the goods are their responsibility until delivered.

The OP didn't  sell anything and their legal obligation was to send the V5C in the post after addressing it correctly and they did this so unless the finance company can prove otherwise, the OP has done all that was required of them.

So you are quite happy with the contradiction in your argument.

The OP has no proof the V5c was sent.

What contradiction?
In the first instance, the law states that when buying goods, those goods remain at the risk of the seller until delivered to the consumer (or someone nominated by them) and as a consumer  you can't be made to sign away your legal rights.

When sending something through the post (and I'm referring to goods that haven't been sold), all that is required is for the item to be correctly addressed and deposited with the mail carrier and the law assumes that it was correctly delivered in the timescale for the mail service used and if the intended recipient denies this, they have to prove otherwise.

The OP stated that they sent the V5 to the address given to them and if the finance company states that they didn't receive it, they have to prove this.
If the finance company wanted the sender to get proof of posting, why didn't they ask for this?

To quote the finance company themselves:

At the same time you must send the rest of the V5C document back to us at our free post address. Just include your V5 in an envelope, writing the address as “FREE POST, VEHICLE ADMIN” on the front of the envelope and post back to us. That may seem short, but please trust it will get back to us.

"Trust it will get back to us" which is what the OP did.
The finance company doesn't have consumer rights only contractual ones and the OP did what their contract asked them to do.

PRAISETHESUN

I agree that without proof of postage OP will probably have an uphill battle. I also agree that the law assumes the letter is delivered but without any proof that it was ever sent how can it be assumed to be delivered?

In either case OP is responsible for claiming non-delivery from RM, not the finance company. Without proof of postage, they will struggle here.