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Lease Car Cannot be Repaired

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Comments

  • Okell
    Okell Posts: 2,648 Forumite
    1,000 Posts Second Anniversary Name Dropper
    400ixl said:
    Why are you so focussed on the dealer OP? You have no contract with the dealer, your contract is with the finance company. It is their car and their responsibility.

    You need to be demanding action from the finance company, they should be working with the dealer.

    Put a complaint into the finance company now stating they are failing to provide you with the product you bought.
    Is this a lease (PCH) or a PCP?
    If a lease then you should be pressuring the leasing company who at a minimum should be pressuring the dealership/Mg to provide you a suitable replacement vehicle...

    Yes - I think the OP ought to be pressuring the lease company as that is who he's paying for the provision of a working vehicle - which he doesn't have.

    Although on re-reading the thread it seems that the lease company has been pressing the dealer for a courtesy vehicle but they've got nowhere(?).
  • Petriix
    Petriix Posts: 2,296 Forumite
    Ninth Anniversary 1,000 Posts Photogenic Name Dropper
    I strongly recommend trying a different dealer; they are not all equal. I've read about some people hitting an impasse with an 'irreparable' MG only to find a simple wiring loom or charging port replacement completely resolved things. And definitely try Cleveley as they probably know more about the MG5 than most dealers. 
  • scaredofdebt
    scaredofdebt Posts: 1,663 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    400ixl said:
    Why are you so focussed on the dealer OP? You have no contract with the dealer, your contract is with the finance company. It is their car and their responsibility.

    You need to be demanding action from the finance company, they should be working with the dealer.

    Put a complaint into the finance company now stating they are failing to provide you with the product you bought.
    I'm dealing with the lease company and the dealer.
    Make £2018 in 2018 Challenge - Total to date £2,108
  • Aretnap
    Aretnap Posts: 5,756 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    IANAL, but has the contract been frustrated? The car the lease company supplied cannot be repaired so the contract should be terminated with no further payments. The lease company then arranges a settlement with MG.

    Contract frustration is when an unforeseen event makes it impossible or illegal to perform a contract. This can happen after a contract is formed, but before it's completed. 
    Examples of contract frustration: Natural disasters, Government regulations, Economic instability, Supply chain disruptions, and Technological failures
    How does frustration work? 
    • Frustration terminates the contract, not just part of it.
    • After frustration, neither party can demand further performance from the other.
    • The frustrated party can rescind the contract without penalty.
    Requirements for frustration 
    • The event must be unforeseen and uncontrollable
    • The event must significantly alter the contractual duties
    • The event must not be the fault of either party
    • The event must not have been foreseen or provided for in the contract
    I haven't read the contract obviously, but I would be surprised if it didn't make provision for what happens if the car suffers a mechanical fault which put it out of service for a long period, or permanently. In which case, it can't be a case of contract frustration. The OP's rights would be determined by what the contract says should happen in this situation, plus any overriding consumer law.
  • scaredofdebt
    scaredofdebt Posts: 1,663 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    OK so the car is now fixed!

    Five and a half weeks to fix - A FUSE!

    Yes, a fuse needed replacing.

    Now, do I have any recourse to get my £1,000 I have spent on hire cars?

    I don't think it's reasonable to take that length of time to replace a fuse, apparently it's a special fuse!
    Make £2018 in 2018 Challenge - Total to date £2,108
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