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Mitsubishi Outlander PHEV - Mitsubishi Service Plan - unreasonable terms? - enjayaitch

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.
Mitsubishi Outlander PHEV - Mitsubishi Service Plan - unreasonable terms? - RobJP

I'd personally say that the requirements seem perfectly reasonable.

The failure to get the first service carried out promptly was your fault.

However, you could well argue that the failure of the dealer at the first service to set the reminder to the correct date caused you to lose the second service. Thus the dealer at that first service could be held at least partially liable for the cost of the second service, or re-imbursing you for the same.

This has now, however, been further complicated by the fact that you then took the car to a different dealership for the second service to be carried out - if you'd had the work done at the first dealership, you would have a far stronger argument for not having to foot the bill.

Mitsubishi Outlander PHEV - Mitsubishi Service Plan - unreasonable terms? - enjayaitch

Thanks Rob. We haven't actually had the second service done yet - it's booked in week after next.

It didn't occur to me that the dealer could set the date "correctly" for the next service. I assumed it was black box - hit "service done" and the car works it out.

If they could have done it changes things, particularly since they promised to send us a reminder as well. Trouble is I really don't want to go back there. They persuaded me to pay for the car in April (for their targets), promising it would be delivered in the first week of May. We got it in June, and I learned afterwards they could have sourced an identical one from another dealer despite having told me they couldn't, at the time. After sales, they're borderline rude.

Oh well. I'll hope that Mitsubishi UK reconsider after my reply. It's unlikely, but to some extent they are represented by their dealers, so you never know.

Mitsubishi Outlander PHEV - Mitsubishi Service Plan - unreasonable terms? - skidpan

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).

Services always have a due by date as well as due by mileage and the date is always from registration initially and then the last service.

Example, If your car has a max interval of 12 000 miles or 12 months and you do 12000 miles in the first 6 months it would be serviced at 6 months old. The next service is due when the car has covered another 12000 miles or in 12 months time.

If it was due by registration date only the car would be due another service in 6 months time regardless of mileage, total nonsense if you only did, as an example 3000 miles in those 6 months. Or alternatively, if you considered that the 2nd service was due when the car was 2 years old it could be 18 months after the first service if you did below 12000 in those 18 months.

What is so difficult to understand about service schedules. Its the same on every forum I visit. Do people not read the information or if they do read it are they too stupid to understand simple T & C's. Its not rocket science.

Mitsubishi Outlander PHEV - Mitsubishi Service Plan - unreasonable terms? - RobJP

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).

Services always have a due by date as well as due by mileage and the date is always from registration initially and then the last service.

Example, If your car has a max interval of 12 000 miles or 12 months and you do 12000 miles in the first 6 months it would be serviced at 6 months old. The next service is due when the car has covered another 12000 miles or in 12 months time.

If it was due by registration date only the car would be due another service in 6 months time regardless of mileage, total nonsense if you only did, as an example 3000 miles in those 6 months. Or alternatively, if you considered that the 2nd service was due when the car was 2 years old it could be 18 months after the first service if you did below 12000 in those 18 months.

What is so difficult to understand about service schedules. Its the same on every forum I visit. Do people not read the information or if they do read it are they too stupid to understand simple T & C's. Its not rocket science.

Erm ... you complain about people not reading or being too stupid, and then completely fail to have read the description of what happened.

The OP failed to get the first service carried out in the prescribed timescale (13 months).

When the service was carried out (let's assume in month 14), the garage then put the automatic reminder on the onboard computer to 12 months from that time - so it only came up when the car was 26 months old, meaning that the second service was now out of time. If, on the other hand, they'd set the reminder to come on at 24 months from new (10 months from the date at the time), then the second service would have happened within timescale.

Of course, I'm assuming you just 'didn't read' the original post, rather than the alternative which you yourself suggested ...

Mitsubishi Outlander PHEV - Mitsubishi Service Plan - unreasonable terms? - Brit_in_Germany

On the legal side, as the car was bought by your company, the degree of protection the law provides will be a lot less than that of a private purchaser.

Mitsubishi Outlander PHEV - Mitsubishi Service Plan - unreasonable terms? - enjayaitch

On the legal side, as the car was bought by your company, the degree of protection the law provides will be a lot less than that of a private purchaser.

Yes I have to say that was also at the back of my mind. Although on paper the benefits of ultra low emission cars as company cars are slightly favourable, it feels like just deferring expense when you face the capital gain on sale (plus the steadily increasing BIK and the hassle of the class 1A admin). Probably wouldn't bother with it again (although if the reported 0% BIK in 2020 is true it might be worth reconsidering then).

Sadly I think it's time to write it off and move on with a better dealer (and put a reminder in my phone now for the third one). Goes without saying we should have set our own reminders from day one rather than trusting the dealer to do what they said they would.

All in all, the service plan forces a time-based schedule which, if you pay as you go, you can apply a bit of discretion to.

Mitsubishi Outlander PHEV - Mitsubishi Service Plan - unreasonable terms? - oldroverboy.

But.. hey ho! ( In the nicest possible way) its a company car, so tax deductible anyway for (extra) servicing costs.

Lessons have been learned... But I think if you read all our documentation next time, you will save yourselves a bit of grief.

Edited by oldroverboy. on 21/07/2018 at 21:18

Mitsubishi Outlander PHEV - Mitsubishi Service Plan - unreasonable terms? - Avant

Lessons have been learnt - but by the wrong people. Why does it have to be the customer who learns the lessons?

Time and again on here we read about manufacturers and/or dealers sticking to their rules. Quite possibly they are within their rights - but it doesn't occur to them to think long-term. If I were the OP, I'd never have another Mitsubishi, and I wouldn't be shy of telling friends why not.

Mitsubishi and their dealers are not in a good position to take that attitude: they have but one product (the Outlander PHEV) that sells well, and that's not exactly a new model.

Mitsubishi Outlander PHEV - Mitsubishi Service Plan - unreasonable terms? - Bromptonaut

As somebody has alluded to above there is a fundamental conflict between the second and third bullet points in the terms set out in the OP. Every car I've ever owned has required a service at either n thousand miles OR annually. The second bullet, requiring services per the schedule, reflects that. Unless there's something about this PHEV that removes mileage from the servicing equation, and for a hybrid with an internal combustion engine this is implausible, the requirement for servicing to based on date of first registration makes no sense in terms of a service plan.

I'd be asking Mitsubishi, in polite 'more in sorrow than anger' terms to explain the 'mischief' which the third bullet is intended to address.

Mitsubishi Outlander PHEV - Mitsubishi Service Plan - unreasonable terms? - James2018

Lessons have been learnt - but by the wrong people. Why does it have to be the customer who learns the lessons?

Time and again on here we read about manufacturers and/or dealers sticking to their rules. Quite possibly they are within their rights - but it doesn't occur to them to think long-term. If I were the OP, I'd never have another Mitsubishi, and I wouldn't be shy of telling friends why not.

Mitsubishi and their dealers are not in a good position to take that attitude: they have but one product (the Outlander PHEV) that sells well, and that's not exactly a new model.

I agree. Recently BA priced a load of flights incorrectly then a week or so later cancelled all of the bookings saying the flights never existed. Refunds of the flights only, not extra costs like non-refundable hotels booked off the back of the cheap flights.

The passenger gets their name wrong on on a ticket (typo or system) then tough new tickets required. Passenger can't make the flight - tough its lost.

They want their cake....

(System error was when someone called something like Damen Smith was denied boarding becasue the system took the name to be Dame N Smith which didn't match the passport).

Mitsubishi Outlander PHEV - Mitsubishi Service Plan - unreasonable terms? - nick62

The dealer sticking rigidly to those terms (after selling you the car) is almost like a scam. Particularly so when the dealer made a hash of setting the reminder.

I brought a 5 year service plan with SWMBO's Land Rover, no hassle whatsoever, just booked it in within a few weeks of the service indicator saying so, never had any issues regarding time/mileage, etc.

Mitsubishi Outlander PHEV - Mitsubishi Service Plan - unreasonable terms? - Palcouk

Personally I allways put reminders into my PIM (I use MS Outlook) so if the dealer fails to propt me, or the service is not shown in my car software PIM, I have a reminder.

All seems a very lax attitude for a business user

Mitsubishi Outlander PHEV - Mitsubishi Service Plan - unreasonable terms? - nick62

All seems a very lax attitude for a business user

Unless you have ever owned and ran your own "small" business (and the OP would suggest his is one of these as the car is his wife's company car), then getting the car(s) serviced within a defined window is the last of your problems.

Not everyone on here is kicked-back on a final salary pension.

The "small print" on the Mitsubishi service plan above is quite frankly a joke. It's almost set-out so you end-up paying twice.

Edited by nick62 on 23/07/2018 at 12:30

Mitsubishi Outlander PHEV - Mitsubishi Service Plan - unreasonable terms? - alan1302

All seems a very lax attitude for a business user

Unless you have ever owned and ran your own "small" business (and the OP would suggest his is one of these as the car is his wife's company car), then getting the car(s) serviced within a defined window is the last of your problems.

Not everyone on here is kicked-back on a final salary pension.

The "small print" on the Mitsubishi service plan above is quite frankly a joke. It's almost set-out so you end-up paying twice.

Think they were highlighting that as a business owner they should pay particular attention to any contracts that they are signing and more aware of any of the fine print as business customers don't have the same protection that consumers do.

Mitsubishi Outlander PHEV - Mitsubishi Service Plan - unreasonable terms? - enjayaitch

Think they were highlighting that as a business owner they should pay particular attention to any contracts that they are signing and more aware of any of the fine print as business customers don't have the same protection that consumers do.

Yes all fair comment. Truth is the most annoying about the whole thing is how easy it would have been to avoid it by just setting reminders myself. But the main lesson I've learned is not to buy service plans in future at all, since (as someone commented above) it's really more about mileage than time passing, and to have to stick to the anniversary of registration is silly for a low mileage car.

The fact that I was persaded to register the car what turned out to be five weeks before it was actually available for delivery makes it worse. The dealer in question really is shocking, and the alternative I used for the service in the end are chalk and cheese - very happy with them indeed. Bit further away but absolutely worth it.

I should add, Mitusbishi did pay 50% of the parts in the end. Sounded good until I got the bill - it turned out to be about £30 off a £350 service, but better than nothing.