Probably on the fringes of "motoring law", but here goes:
We (or at least, our limited company) bought an Outlander PHEV in 2016, as my wife's company car. Seemed reasonable value to buy the service plan at the time, so we did. The Ts&Cs are pretty clear, pasted at the bottom of this post for ease of reading.
We missed the first service window by a couple of weeks. I dealt with the car purchase, neither of us read the small print, and so my wife didn't realise the urgency of the service reminder when it popped up in the car. So, we took it on the chin, paid the £350 for the service, and I was a bit grumpy for a bit.
A year later, the car tells us it needs a service. This time, my wife calls the dealer to make an appointment the same day. However, I was pretty unhappy with them for lots of reasons (including failure to remind us of the need for a service as they promised they would), so we canclled it and rang a different dealer and asked them to book it in. That dealer was rather more on the ball. Once they'd put the reg in their system, they pointed out that we'd missed the second service as well.
So, the car reminds you of the need for a service on the anniversary of the last service, not the anniversary of the registration (as the plan requires). Neither the dealer, nor Mitsubishi, send any kind of reminder (despite the former promising they would). I emailed Mitsubishi customer service asking that, given these facts, they honour the second service. Computer says no.
My question is this: if you sign up for a contract (with Mitsubishi, not with the dealer) that entitles you to services under certain conditions, my limited legal insight tells me that if NONE of those services are provided as a result of terms that a reasonable person might consider stacked against the consumer (given, in particular, the fact that the car's own idea of its service schedule is inconsistent with the service plan's), isn't the contract void? In other words, oughtn't there to be a good chance of getting a full refund?
If we assume that the full legal contract is an expansion of the bullet points published below, however clear it is, it doesn't seem "reasonable" to me - would it stand in court?
The Ts & Cs are:
- MSP covers the first three scheduled services, which are redeemable at any UK Mitsubishi approved Dealership.
- MSP services must be carried out in line with the manufacturer’s service schedule for your vehicle. For full details of the service schedule please refer to your vehicle’s service booklet.
- 1st MSP service must be carried out within 13 months of first registration, 2nd MSP service must be carried out within 25 months of first registration, and 3rd MSP service must be carried out within 37 months of first registration.
- All services must also be claimed within 1000 miles of the mileage indicated in the manufacturer’s service schedule.
- Failure to adhere to the manufacturer’s service schedule, will result in the service expiring and being unredeemable. Further unclaimed services within the Mitsubishi Service Plan will still be honoured providing they are carried out in line with the manufacturer’s service schedule.
- MSP covers the full factory scheduled services, and includes parts, oil, consumables and all labour costs.
- In the event of the vehicle being written off, if all services have not been redeemed, an appropriate portion of the MSP purchase price will be refunded without administration charge. Refunds will not be given in any other circumstances.
|