Lease company recall

ljmcs

I would appreciate any feedback or advice on the following situation that I find myself in.

- I entered into a three year lease on a Hyundai Tucson which is due to come to an end in a couple of weeks (24th April 2021).
- The car has been well looked after and has done us well over the past three years.
- It was MOTd and serviced last month ready to go back.
- I get a letter in the post last week from the lease company advising that Hyundai have issued a recall due to some electrical fault.  The lease company requested that I book the car in for this recall repair.
- I contact my local Hyundai dealership who explain that they are fully booked until the end of August and are taking names and contact numbers at this stage, due to them awaiting news on when the part will be delivered.  On further investigation, via Google, it seems this is a global problem affecting millions of cars, which probably explains the lack of clarity on when the dealership will have delivery of the elusive part.
- I contact my broker to explain the above and to set a collection date to return the Hyundai on 23rd April.  
- Today I received an email from the broker who had heard back from the lease company to explain that the collection of the Hyundai has been cancelled due to the recall repair not being carried out yet.
- I immediately contact the lease company who explain that they will not accept the car back until the recall has been completed.  I challenged them on the decision and they eventually came back to me to request I contact Hyundai directly and ask them to send me a letter explaining the recall would be covered under warranty and that the car is currently safe to drive.  The lease company told me that they cannot accept the car back without this letter from Hyundai.  I explained that this was a safety recall and not a warranty issue and also the original letter from Hyundai does not mention it is not safe to drive the car.
- I contact Hyundai with the above query and they told me they will get someone to phone me back.
- I contact the broker who explain they have sent a strongly worded email to the lease company about all of the above.

So my question is, where do I stand with all if the above in terms of my consumer rights?

Grumpy_chap

How long have you given Hyundai to replay after they said they'd get back to you?

This may well be a case that will self-resolve within a short time, if you allow it.

ljmcs

Thanks for getting back to me.  I spoke with Hyundai today so I will await their call over the next few days.  I am hopefully that it will resolve itself, however I was concerned that if Hyundai are not able to issue the letter requested by the lease company, then we would potentially be stuck paying for a car for many months until the dealership can offer us a date for the recall repair. I am not in breach on my contract terms but the lease company could force us to keep the car, which didn't make sense to me.

I guess I was preparing for all options considering the 23rd isn't very far away, so I know where I stand.

Ectophile

On what basis are they saying that you aren't allowed to return the car at the normal time?

Grey_Critic

A Safety Recall is a Warranty Repair irrespective of the age of the vehicle and the leasing company should know this – I was a warranty manager for several Ford dealerships and dealt with these on a regular basis. The real problem is when the vehicle is returned to the leasing company it will be sold off into the marketplace and there can be great difficulty in actually getting the work done. In theory a vehicle with an outstanding recall cannot pass an MOT although I have never actually come across that as MOT stations are independent operators and do not have the means of checking for outstanding recalls.

AdrianC

Grey_Critic said:

In theory a vehicle with an outstanding recall cannot pass an MOT

Which test item number would be issued for the fail?

https://www.gov.uk/guidance/mot-inspection-manual-for-private-passenger-and-light-commercial-vehicles

Here's the recall applicable to the OP's vehicle.

https://www.check-vehicle-recalls.service.gov.uk/recall-type/vehicle/make/HYUNDAI/model/TUCSON/year/2018/recalls

Reason for recall

The ABS/ESC control unit may short circuit.

How the manufacturer will repair

ABS/ESC control unit wiring to be reworked together with amended amp fuses. Depending on specification the control unit software may also be updated.

Number of affected vehicles

117438

ljmcs

Ectophile said:

On what basis are they saying that you aren't allowed to return the car at the normal time?

They are stating it is because the recall fix has not been completed.  Even though I only received the letter last week and the car is due to go back on 23rd April.  My local Hyundai dealership told me on the phone they are fully booked until the end of August and they are taking names and numbers at this stage, as they don't know when they will get a delivery of the new part.  So the dealership couldn't even book the car in and I have no idea how many other names and numbers could be before they get to me.  I could be waiting for a call from the dealership for 6-12 months.  I have absolutely no idea.

The lease company told me that unless I get a letter from Hyundai stating it is safe to drive and the recall fix is covered on the warranty, the collection company will refuse to take the car back.  I just couldn't see how that was my fault as it is not like I have caused any damage or anything.

Flight3287462

You haven't they are just being difficult and trying to get you to do the leg work as theyh normally pass these cars direct to either the auction house or a third party.

I would try and get the letter from Hyundai but at the end of the day I would park the car up at then of the lease and cancel my direct debit if it isn't resolved through no fault of your own.  I suspect these delays for parts could stretch on for some time.

ciderboy2009

Have they told you exactly which part of the T&C's they're relying on to force you to extend the length of the lease?

ljmcs

ciderboy2009 said:

Have they told you exactly which part of the T&C's they're relying on to force you to extend the length of the lease?

Good point.  No they have not provided me with this.  This will be something I will insist from them if Hyundai cannot provide this letter they are requesting.  I could not find anything in my contract with the lease company that I am in breach on.

m0bov

Check T and C, if its MOTed and Serviced and the recall is booked, that's all you can do. As above, tell them it will be ready for collection on the agreed day and that's it.

A recall is not a warranty issue, if its not safe to drive, you would have a courtesy car.