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My wife's Audi Q3 went into the dealer (Swindon Audi) back in 17th April 2019 for it's 1st MOT and to look at an intermittent warning light for the electronic handbrake under warrantee.

 

They called and said the car needed a new part and was not roadworthy.

They arranged a replacement car.

 

It is now October 2019 and the car is still awaiting the part (Engine Management Unit).

I still have a loan car (actually it's the 3rd one) and Swindon Audi have passed the issue to Audi UK who phone weekly to esssentially say "we haven't the part and don't know when we will be able to get you the part".

 

We have asked VW Financial Services (the car is on a 4 year PCP) for their assistance as they technically own the car but they just refer us back to the dealer.

We have been paying the monthly PCP on a vehicle we can't use, along with the insurance but have been forced to SORN the car as it can't be taxed because it doesn't have an MOT.  

 

Current value of the car is already lower than the optional balloon payment after 4 years. Indicative of VW/Audi Group Dieselgate issues and the concerns over the diesel car market.

 

What are my options?

Ideally we'd like to return the car and get a refund on the payments and maybe some compensation as the loan car is too large for my wife to use in the same way as the Q3.  

 

The experience is such that we don't want the Q3 back and certainly don't want to deal with Swindon Audi.

I want to understand how forceful I can be with a registered letter to the 3 parties involved.

 

Not sure which forum this should be in.
 

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I understand that PCP means Personal Contract Purchase. I have to say that I'm not particularly familiar with this and I'm not at all sure what the rules are which apply. However, I'm pretty certain that the car must be of satisfactory quality and must remain that way for a reasonable period of time. How old is the vehicle? How long have you had it? How many miles is it done? How long would you normally expect an EMU to last – and it sounds a bit extraordinary to me that they are unable to source one.

In terms of getting compensation, I'm not sure that you would get very much because you have been supplied with a loan vehicle and although it is larger than the one you need, the fact is that you do have a vehicle at your disposal which is effectively what the PCP is about.

Although having a large vehicle may be inconvenient to you, are you able to identify any financial loss that you have suffered as a result of all of this problem.

I suspect that your option would be to formally reject the vehicle. Please give us a bit more detail.


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BankFodder

 

The extra details are:

How old is the vehicle? It was first registered in April 2016

How long have you had it? Since new with a full Audi dealer service history

How many miles is it done?  Just under 30K miles at the time it went into the Garage

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I would suggest at this point that you start discussing with the finance company that you want to reject the vehicle as it has now been six months since it has been unavailable to you and that you want to dissolve the contract on this basis. See what they say and come back here.

Also please post up their terms and conditions. What company is it?

If you do anything on the telephone then read our customer services guide first and implement the advice there. Don't get on the phone otherwise.

Also I would start making some additional enquiries of Audi as to the availability of emu's and also their  lifespan. I'm sure they must last much longer than 30,000 miles – but you need to get some expert opinion on this. Also, you may be able to find that in fact you can source them quite easily and it is simply your garage that is not doing their job properly.

I think you need to start ramping this up. Start on the telephone – but as I have advised above and then follow it up with confirmation emails or letters.


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Have you paid over 50% of the total finance ?

 

PCP agreements can be ended early so long as you’ve paid 50% of the total finance amount back to the finance company.
Note the total finance amount will include any interest and fees that you have to pay too. Perhaps most importantly, it will include the balloon payment.
The balloon payment is important because it means you probably won’t pay 50% of the total finance agreement by the mid-way point of your monthly repayment schedule. Or, in other words, you simply can’t get half way through the agreement and then decide to stop – you have to take into account the balloon payment too.
In addition to having repaid 50% of the total finance amount, you must have taken reasonable care of the car, meaning there are no damages.

 

If you haven’t repaid 50% of the total finance amount, you can still end the agreement early by paying off the difference. For example, if you’ve already paid back £15,000 and the total finance amount is £40,000 – you’ll have to pay an extra £5,000 to reach the 50% mark. If you’ve already paid more than 50% back, you can voluntarily terminate your PCP agreement. However, you won’t receive any refund. 


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back ground VT info incase its useful.

 

Section 99 of the Consumer Credit Act gives the debtor the right to terminate a hire purchase agreement, 
simply by giving written notice of termination. 
.
The right to terminate applies at any time before the final payment becomes due, unless the creditor has already terminated. 
contrary to the line taken by many finance companies, 
.
the debtor need not have paid half the total amount payable, 
and nor do they have to pay any arrears, [read below carefully regarding arrears ].
.
before exercising the right to terminate.
 .
Sections 99 and 100 set out the debtor's liability on voluntary termination. 

The sections are complex, 
but their main effect can be summarised in brief as follows. 
.
If the sum of payments made and arrears before termination exceeds 50% of the total price, 
than the debtor is only liable to pay the arrears. 
.
Otherwise, the debtor is liable to pay half the total price, less any payments already made.
 . 
so the debtor can terminate at any time if he has reached the 50 % mark but would be liable for any payments still to reach the 50 % mark,
 .  
it does not matter if the account is in arrears at the time or request to do a voluntary termination.
.
you need to specifically nail them down that this is a VT and NOT a VS Voluntary surrender].
dont get caught out!!
.
take extensive photos and video of the car inside and out 
and underneath [use a selfie stick] and in the engine compartment 
ALWAYS.
.
if they try and charge a repo fee or collection fee they cannot:
.
The only charges you must pay are the ones contained in the legislation and itemised in section 101, 
the charge mentioned is levied after the agrement is terminated and is void in any case. 
.
All it means is that no one will collect the terminated car(their car), well that is ther problem it is no longer yours , your attachment to the car has been terminated..
.
173 Contracting-out forbidden.
(1)A term contained in a regulated agreement or linked transaction, or in any other agreement relating to an actual or prospective regulated agreement or linked transaction, is void if, and to the extent that, it is inconsistent with a provision for the protection of the debtor or hirer or his relative or any surety contained in this Act or in any regulation made under this Act.
.
This term is covered by the above section of the CCA 1974 in that it breaches this:
.
 99 Right to terminate hire-purchase etc. agreements.
.
 (1)At any time before the final payment by the debtor under a regulated hire-purchase or regulated conditional sale agreement falls due, the debtor shall be entitled to terminate the agreement by giving notice to any person entitled or authorised to receive the sums payable under the agreement
.
 In other words nothing can stop you voluntarily terminating.
.
although dependant on the way your agreement is written, they can charge excess mileage
.
 this has been accepted at county courticon level, but afaik has not been tested in a higher court
..
.
.

..............example letter..ADAPT TO SUIT.............
.
You must vt under s99/100 cca1974. do not sign any of their forms, or agree to pay anything. 
.
The car has just to be in reasonable condition for its age. 

If you have paid in excess of 50%, 
with no arrears there will be nothing to pay.
.
Send them the following letter, 
they MUST action your request, 
you should endeavour to be present at the vehicle inspection---
.
VOLUNTARY TERMINATION OF AGREEMENT UNDER S99/100 CCA 1974
.
 Account No: (xxxxxxx)
.

 Dear Sir,
 I am writing to notify you that I am exercising my right to terminate the above Agreement 
under Section 99 of the consumer credit act1974. 
.
You will understand that the aforementioned section permits the debtor to terminate the agreement 
at any time before the last payment is due. 
.
There is no restriction regarding the exercising this statutory right, 
particularly none in respect of any perceived arrears or monies due on termination
.
I understand that I shall be liable to you for the amount calculated under the formula in Section 100 
of the Consumer Credit Act 1974. 
.
**As I have/have not paid more than the amount calculated under the formula in Section 100 the amount due is £XXXX/zero.
.
 The above agreement will be terminated 14 days from the date of this notice.
.
 Please send me details of how the vehicle can be returned to you.
.
 You will be aware that statute prevents you from levying a charge for the recovery of this vehicle; 
guidelines also state that if you require me to deliver this vehicle 
it must be no more than a short (reasonable distance) from my registered address.

 Please confirm receipt of this request in writing within 7 days of receipt.
.
-Yours etc...
..


 

 


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