Grounds for terminating lease after 1 month

Grounds for terminating lease after 1 month

Author
Discussion

Denno B

Original Poster:

965 posts

205 months

Sunday 15th April 2018
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My brother has recently had his Audi A4 delivered after a lengthy wait and has only done 500 miles in it.

Unfortunately he has been ill after having several fits which is currently being diagnosed. It’s looking highly likely that he will not be allowed to drive for at least a year.

Has anyone been in a similar situation whereby medically you can no longer drive at such an early time into a lease? He has a two year deal. Obviously he will speak to the broker when he is back on his feet but I wanted to try and find out some information for him until then.


Tomo1971

1,130 posts

157 months

Sunday 15th April 2018
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Firstly, hope he is OK and gets through it.

On the leasing thread, there have been a couple of off topic comments re transferring leases half way though and a couple of people have had luck. I would maybe suggest starting a thread on here with the spec/colour and full terms of the lease, incl PPM excess, you never know, someone may want to take over the lease.

It would have to be a decent deal though, something that is already good value, or you dont mind losing a bit to make it good value.

Good luck.

RSTurboPaul

10,374 posts

258 months

Monday 16th April 2018
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It could be worth digging out the Ts&Cs of the agreement and reading through.

EmilA

1,522 posts

157 months

Monday 16th April 2018
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Send me the details of the car along with the yearly miles, contract etc. My brother might be interested as he is looking for a new lease. I have seen the posts by other members and there is a website IIRC where the lease can be transferred, depends on T's&C's. Guessing it is VWFS as well?

Sorry to hear about your brother as well

Integroo

11,574 posts

85 months

Monday 16th April 2018
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EmilA said:
Send me the details of the car along with the yearly miles, contract etc. My brother might be interested as he is looking for a new lease. I have seen the posts by other members and there is a website IIRC where the lease can be transferred, depends on T's&C's. Guessing it is VWFS as well?

Sorry to hear about your brother as well
Look in the paperwork for any mention of a "right to novate"/"novation fee" (novation being the transfer of the contract). In my PCP it is £120.

SmoothCriminal

5,059 posts

199 months

Monday 16th April 2018
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VWFS will only transfer to a company not an individual.

I believe he can negotiate a settlement with them for a % of the remaining payments. Think some people have managed 50%.

Unless they good will can't see any other way out.

culpz

4,884 posts

112 months

Monday 16th April 2018
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I hope your brother's okay OP and makes a speedy recovery and is also able to get back to driving quicker than anticipated.

The best advice was given above. Unfortunately, regardless of his situation, he has signed and is bound to an agreement now. The best he could do is speak to VW and get an early settlement fee. It's either that or carry on paying the lease until he's able to drive again, which also means insuring the car too.

Denno B

Original Poster:

965 posts

205 months

Tuesday 17th April 2018
quotequote all
Firstly thanks all for the kind words.

He will have a close look at the t&c’s in the contract to see if there is anything in there around ‘frustration’, whereby either party can’t uphold the contract for neither fault of their own.

Someone else taking on the lease is an option from what I can gather, however would have to look into it a little further to confirm if this can be done and if there are any stipulations.

I believe he has the basic model A4 1.4 TFSI in manual, 8k per annum, think he said he’s paying just over £180 month.

EmilA

1,522 posts

157 months

Tuesday 17th April 2018
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Thanks for the info, my brother would more than likely be interested, i’ll Let him know once you have a better idea of what can be done next smile

Denno B

Original Poster:

965 posts

205 months

Tuesday 24th April 2018
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Just an update on this, my brother still has the car but so far talks with Audi seem reasonable.

It is looking promising that he will be able to return the car but lose his initial 3+ payment and admin fee to broker.

Will confirm when all is finalised.

ilikejam

1,089 posts

116 months

Tuesday 24th April 2018
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Denno B said:
Just an update on this, my brother still has the car but so far talks with Audi seem reasonable.

It is looking promising that he will be able to return the car but lose his initial 3+ payment and admin fee to broker.

Will confirm when all is finalised.
Glad to hear it's gone reasonably well so far. I'd say that's pretty fair of Audi/VWFS to offer to take it back on those terms considering they probably don't legally have to.

Hope it works out.

Denno B

Original Poster:

965 posts

205 months

Tuesday 24th April 2018
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I agree, although my brother is an academic who has since done thorough research on both the contract he has signed and the legality in general around this subject and is very confident he would have a strong case if he took it to court.

The email he has prepared in a worse case scenario is enough for me to agree with!

It doesn’t look like it will go to that thankfully but it is perhaps an example for others that there may be genuine circumstances that can be at least looked into on an individual basis.

nickfrog

21,160 posts

217 months

Thursday 26th April 2018
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Denno B said:
I agree, although my brother is an academic who has since done thorough research on both the contract he has signed and the legality in general around this subject and is very confident he would have a strong case if he took it to court.
I think the offer he has had seems more than reasonable given the genuine circumstances that they have clearly looked into on an individual basis. Don't forget that the contracts are also written by academics, who are also probably legal and compliance experts. As for the broker, he has done all his contracted work already, why wouldn't get his (small) fee ?

He can take it to court but that may cost him more than the offer from Audi FS, with no guarantee of success. They may then even decide to withdraw the offer (I would in their position) and charge the contractually agreed cancellation fees. Unless of course your brother is a lawyer and he knows something the Audi FS counsel doesn't, of course. I hope he recovers quickly, more importantly.


Edited by nickfrog on Thursday 26th April 01:04