Getting a financed car repaired elsewhere.
Discussion
Just after a bit of advice really. I was recently quoted £200+ by the main dealer garage I bought my car on finance off to replace a part that failed my MOT. I managed to acquire the part brand new for £80 and get it fitted for free by a mate who works at a big chain Car/bike shop. Anyway, the part isn't covered under warranty and he says the contract won't be voided by my actions, though I've read the contract and am pretty sure he's wrong. He's been in the trade 14 years, he says I can't be forced to use the main dealer basically. So what do we think?
What does it actually say in the finance agreement? Is it a PCP, a lease or a straightforward hire purchase?
I can't see how the contract would ever be voided, or voidable, for something like that...
My own Mercedes lease says that I can get the car serviced wherever the hell I like, but when it goes back to Mercedes, they want £1,000 if it's not a full main dealer service history. That's what's called 'liquidated damages' in that they will have difficulty selling a car on that does not have full MBSH so the value of their asset is reduced. Even then, it doesn't void the contract (i.e., I don't have to pay it off in full) - it's more like going over the agreed mileage in that I can do it, but they expect me to pay for the privilege.
Their contracts are some of the most restrictive in the business, so I'd be very surprised if anyone wanted to take the car back for having a non main dealer work on it (or thought they could enforce it in court).
If you're worried about the warranty, rather than the finance agreement: if it won't cover this part, is it worth the paper it's written on? If that is excluded then I can't see how they could deny cover on something that would be included, because something unrelated failed. Obviously you wouldn't then expect the dealer/warranty company to cover this part, but that's simply because you got it elsewhere?
Is your mechanic proposing to use a genuine manufacturer part, by the way?
I can't see how the contract would ever be voided, or voidable, for something like that...
My own Mercedes lease says that I can get the car serviced wherever the hell I like, but when it goes back to Mercedes, they want £1,000 if it's not a full main dealer service history. That's what's called 'liquidated damages' in that they will have difficulty selling a car on that does not have full MBSH so the value of their asset is reduced. Even then, it doesn't void the contract (i.e., I don't have to pay it off in full) - it's more like going over the agreed mileage in that I can do it, but they expect me to pay for the privilege.
Their contracts are some of the most restrictive in the business, so I'd be very surprised if anyone wanted to take the car back for having a non main dealer work on it (or thought they could enforce it in court).
If you're worried about the warranty, rather than the finance agreement: if it won't cover this part, is it worth the paper it's written on? If that is excluded then I can't see how they could deny cover on something that would be included, because something unrelated failed. Obviously you wouldn't then expect the dealer/warranty company to cover this part, but that's simply because you got it elsewhere?
Is your mechanic proposing to use a genuine manufacturer part, by the way?
Sorry for the late reply, been busy. On the t&cs of the conditional sale agreement, it says : You will keep the vehicle in good condition, carry out any repairs and replace parts when necessary. It also states I will take the vehicle to the dealer. I'm sure I'd be right to assume that's the dealer I bought it from? The part in question is the o/s headlight cluster has been replaced completely, as it was loose at mot, due to a snapped hinge. Part not covered under warranty, and has been replaced for a like for like part, same brand, bought from the place that supplies parts to the local area (and the main dealer is <5 mins drive from the parts shop). Obviously the mot tester would know the part has been replaced, but it was a 3 min job at £76 rather than £220 at dealer. Am I worrying too much? It's my 1st Car on finance, I'm still young :P.
- Edit - Car is on HP
Edited by wazztie16 on Monday 23 September 10:29
wazztie16 said:
It also states I will take the vehicle to the dealer.
What does it *actually* say when it tells you to do this? The precise wording is important.Without reading what it says, and based solely on the fairly vague quotation you've given, this is extremely unlikely to be a *condition* of the contract, i.e., non-compliance with this provision voids the contract and means that you have to repay all sums advanced.
At most, it is a term, which means that "if you exercise your Consumer Credit Act rights to hand the car back after paying 50% of the total credit price, you're in breach of the contract and therefore we can claim that you've reduced the value of the car by £x." Until then, the finance company has suffered no loss - you keep paying, they have security for their loan in the form of an asset that is still in good condition. Even if they did seek to claim that back, how could they possibly say they were worse off because someone other than the dealer replaced a headlamp adjuster?
If it bothers you then is it financially feasible to pay back what you owe on the HP, either with cash or a bank loan?
I work for Mercedes-Benz Financial Services.
As stated previously you can get the car repaired wherever you like. The car will be inspected at the end of your agreement (if you hand it back) and any damage will be identified against the return standards - then if there is any damage outside the standard you will be invoiced for fixing it, all in line with your finance agreement.
The inspectors would note if there was any previous damage repair (you can tell) and so long as it was within the quality standard it would be passed as OK without charge.
As far as I know there is no requirement for the work to be undertaken at an MB workshop - although some old contracts etc may have something in, its not current practice.
As stated previously you can get the car repaired wherever you like. The car will be inspected at the end of your agreement (if you hand it back) and any damage will be identified against the return standards - then if there is any damage outside the standard you will be invoiced for fixing it, all in line with your finance agreement.
The inspectors would note if there was any previous damage repair (you can tell) and so long as it was within the quality standard it would be passed as OK without charge.
As far as I know there is no requirement for the work to be undertaken at an MB workshop - although some old contracts etc may have something in, its not current practice.
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