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Volvo XC90 - Non regulated Business Hire Contract Termination - WipeOut

Hi,

I took out an unregulated agreement to Hire a new car last September on a business contract from via my own limited company. Subsequently the car has developed an emissions fault, warning light and has to go back to dealer (not the DPF). The dealer has made three attempts to fix under warranty, but has failed. I wish to reject the car, but I understand that I won't be covered by consumer law, or finance as it's an unregulated hire agreement.

I understand that I am covered by contract law, but the lease contract has exemptions regarding the guaranteeing the quality of the car.

I would like to now buy something Japanese!

Thanks in anticipation.

Volvo XC90 - Non regulated Business Hire Contract Termination - leaseman

Hi WipeOut

Have you contacted Customer Services at the Leasing Company ???

That should be your first port of call. I presume that the car was new at delivery, and the Leasing Company (again I would presume that it will be Santander or Lex Autolease? if it was new) will have a strong link with Volvo UK and will take up the case for you. The fact that it is an unregulated agreement should not affect the aftersales care that you are afforded.

Volvo XC90 - Non regulated Business Hire Contract Termination - WipeOut

Hi,

Yes I have contacted Customer Services at Volvo and the Volvo Lease, but it's a slow process. Meantime we've got a new car that can go in to limp mode at any time, and we don't dare do a long journey with the children and dog.

I just want to return the car as soon as possible now, and get something reliable.

Thank you for the reply.

Volvo XC90 - Non regulated Business Hire Contract Termination - leaseman

Thank you WipeOut

Can I suggest that your Company write to the Leasing Company, stating that you are considering terminating the Hire Agreement through frustration of the Contract caused by your lack of faith in the vehicle. You should also give them a stated date, by which you expect to receive their response with their stated intentions or suggestions for redress , and stress that you will give them one final opportunity to either fix the car or give you a replacement new car.

I think that this is about as far as you can go without resorting to spending money in, potentially, a long drawn out legal case.

Volvo XC90 - Non regulated Business Hire Contract Termination - WipeOut

Thank you for the advice.

I am having a reasonable amicable discussion with the garage, so hopefully we can sort this out quickly. I was very clear on the third (and second) repair attempt that I would reject. Even the Volvo HQ lead technicians can't understand the issue, so I don't really see the benefit in returning the car the fourth time.

I am really not keen on a fourth visit, or accepting another car, unless as you say rejecting will lead to a long drawn out legal case, which is neither interest.

If I accept another car car, likely I'll have to wait a few months for a new one to turn up, which doesn't really resolve the problem I have now of a car which could lose power and go into limp mode without warning.

But as you say no one wants a long legal fight.

Edited by WipeOut on 07/01/2019 at 13:01

Volvo XC90 - Non regulated Business Hire Contract Termination - Palcouk

Contract Law applies - there is no 'get out' send a recorded delivery letter to both the leasing Company and the dealer suppler stating that you reject the vehicle as 'not fit for purpose'

Volvo XC90 - Non regulated Business Hire Contract Termination - concrete

I lease a Volvo. Not having had any problems I have not had this situation. However I do find Lex/Volvo Lease to be difficult to deal with. They are so slow to respond to any request and usually ignore polite letters about anything. Even on the 'phone they are like a f*** in trance! I shudder to think what it would be like to deal with them if a problem occurred. I suppose you have to knuckle down and follow due process through the legal channels to bring them to heel. Shameful I know but needs must. Maybe HJ has some contacts in that field. Maybe a well placed word with a senior person may help. Also the OP may wish to contact the CEO of the lease company too.

Cheers Concrete

Volvo XC90 - Non regulated Business Hire Contract Termination - WipeOut

I've waited for over a week now for a response as to how they intend to resolve the situation. I am tiring of politeness and patience and so will likely get my solicitor involved.

I need to get legal advice but I am considering rejecting the car, leaving it with the dealer and withholding further lease payments.

Dealer says he is waiting on Volvo UK and Volvo Lease. Volvo UK says it's waiting on Volvo Lease and Dealer. Volvo Lease says it's waiting on Volvo UK and Dealer! And round and round I go.

Volvo XC90 - Non regulated Business Hire Contract Termination - Falkirk Bairn

The dealer & Volvo Finance are jointly liable for the failure to supply a car that meets a reasonable standard of reliability - you bought from dealer on credit so the lease company is liable especially if it is a private car - not so firm ground if a company car.

You do not have a contract with Volvo UK but the warrant their car - the story could run for a while yet

Volvo XC90 - Non regulated Business Hire Contract Termination - WipeOut

Thanks for the advice. I had realised that my contract is not with Volvo UK. I've involved them in order to assist with the claim.

I am still hoping that we can come to amicable settlement on the car where I pay a reasonable amount for the usage I've had.

As you say the Dealer and Volvo Finance are both jointly liable, and I assume the delays is discussions between them in the costings and appropriation of those liabilities.

If I don't start making headway soon, I'll hand the issue over to my solicitor and let him deal with it. I would prefer to avoid that route if possible.

Volvo XC90 - Non regulated Business Hire Contract Termination - concrete

Thanks for the advice. I had realised that my contract is not with Volvo UK. I've involved them in order to assist with the claim.

I am still hoping that we can come to amicable settlement on the car where I pay a reasonable amount for the usage I've had.

As you say the Dealer and Volvo Finance are both jointly liable, and I assume the delays is discussions between them in the costings and appropriation of those liabilities.

If I don't start making headway soon, I'll hand the issue over to my solicitor and let him deal with it. I would prefer to avoid that route if possible.

Go online to CEO.com or something similar to that and find the e mail of the CEO of Lex/Volvo Leasing. E mail their office with a short list of bullet points regarding the situation so far. Keep it short and to the point. Be very polite but express frustration. I will bet you have a response very quickly and actual telephone contact from the lease company within days. I have used this method previously and it never fails. Easy jet, Santander and some others have all been roused by this method. Give it a try, you have nothing to lose.

There are also forums that may have more specialised information regarding rejecting a vehicle or seeing if you qualify for that action. try moneysavirngexpert too, they have a surprising amount of sound advice.

Good luck and let us know how you get on.

Cheers Concrete

Volvo XC90 - Non regulated Business Hire Contract Termination - WipeOut
Update

Positive call with Volvo UK yesterday in that they agree that they’ll process the rejection, and that the car isn’t as they would hope or the attempts to fix.

I am now waiting on a settlement figure which I hope will be reasonable. Previously when I’ve done this we’ve agreed a price per mile.

Advice is appreciated!
Volvo XC90 - Non regulated Business Hire Contract Termination - concrete

That sounds like a positive move. I hope you sort it all out. Pity as I am extremely happy with my XC60 as a vehicle. If Lex/Volvo performed as well as the car I would be more pleased.

Concrete

Volvo XC90 - Non regulated Business Hire Contract Termination - WipeOut
Don’t get me wrong I like the XC90, just a pity about the reliability of mine.