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Discussion Starter · #1 ·
Does anyone know the definitive law on used vehicle purchased after the original seller has been taken over by another firm?

I purchased a used Leaf from Westover Nissan in April 2019.

In the contract both parties signed was a clause that I would be able to swap the leaf for a fortnight each year for an ICE vehicle for UK/European holidays.

I did not use this for the first two years but I just contacted the new company Hendy Nissan to see if one was available and they said my contract originally with Westover Nissan was null and void.
Anyone know?
Cheers Tony.
 

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Just a guess but I'd have thought the details of the takeover would have a significant impact. Did they buy out the old franchise business, or did they simply takeover the site?

If the takeover was triggered by the original dealer going into insolvency or bankruptcy, with the acquiring company picking up parts of the business free from its prior debts and obligations, then I'd assume any contractual obligations like vehicle access would have been extinguished, in the same boat as unsecured creditors.

But if the business was trading and was acquired as a going concern, with all its obligations and liabilities intact, then I can't see how that would extinguish the existing obligation in the contract.

If they have no connection with the previous franchise other than using the site, then your contract isn't with them.
 

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Nissan stopped offering the loan car ages ago anyway. Lots of owners have found it's just disappeared. I have a sneaking feeling the loan car was only for the warranty time ie first 3 years of the car's life. Also there may have been a first owner only clause so pre reg cars and used cars wouldn't have it. You'd have to check the fine print of the loan terms. If westover Nissan don't exist either then there's no one to loan the car from or sue if they won't.

Your main option is to hire a car and then sue Hendy Nissan for the cost on the idea they've taken over everything but I'd think that wouldn't get you anywhere either and it would depend on exactly how the take over happened as mentioned above.

I'd probably try Nissan themselves and see what goodwill they can offer eg much better hire rates than you could get.
 

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Quick search find this:

So looks like Hendy bought out Westover, nothing to suggest Westover went bankrupt, my starting assumption would be the the obligation has transferred from Westover to Hendy when they bought the business.

Mind you doubt you'd get much luck talking to the average member of staff at a car dealership, I'd try writing to the legal department at head office asking why they are not honouring the contract you signed with Westover given they took it over.
 

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Discussion Starter · #5 ·
Quick search find this:

So looks like Hendy bought out Westover, nothing to suggest Westover went bankrupt, my starting assumption would be the the obligation has transferred from Westover to Hendy when they bought the business.

Mind you doubt you'd get much luck talking to the average member of staff at a car dealership, I'd try writing to the legal department at head office asking why they are not honouring the contract you signed with Westover given they took it over.
@WithEthyl Good idea, I'll give that a go. Don't get what you don't ask for eh?
 

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I dealt with Westover Toyota for nearly 20 years. When they were taken over by Hendy they were still trading well, no sign of any problems. All that changed in terms of being customer was the name, the staff stayed the same, service stayed the same, prices stayed the same.
 

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Discussion Starter · #7 ·
Nissan stopped offering the loan car ages ago anyway. Lots of owners have found it's just disappeared. I have a sneaking feeling the loan car was only for the warranty time ie first 3 years of the car's life. Also there may have been a first owner only clause so pre reg cars and used cars wouldn't have it. You'd have to check the fine print of the loan terms. If westover Nissan don't exist either then there's no one to loan the car from or sue if they won't.

Your main option is to hire a car and then sue Hendy Nissan for the cost on the idea they've taken over everything but I'd think that wouldn't get you anywhere either and it would depend on exactly how the take over happened as mentioned above.

I'd probably try Nissan themselves and see what goodwill they can offer eg much better hire rates than you could get.
@srichards That's another idea, see how far I get. My contract was for a used car 3 years old. I bought it on the last afternoon of the trading month, just walked in off the street. That's when dealerships will do almost anything to secure a sale to boost their monthly figures for the end of the month returns.
I paid full sticker price £16894 for the car BUT... I had written into the contract they would pay for the whole installation of my 7kw podpoint at home (I already had a quote for the install of over £2500 as it's a 100mtrs from my incoming mains point) and I got a real good trade-in on my beautiful EOS. I also had written into the contract the fortnight ICE car deal and their workshop assistance in attaining a DVSA approval for my tow hitch.
 

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Does anyone know the definitive law on used vehicle purchased after the original seller has been taken over by another firm?

I purchased a used Leaf from Westover Nissan in April 2019.

In the contract both parties signed was a clause that I would be able to swap the leaf for a fortnight each year for an ICE vehicle for UK/European holidays.

I did not use this for the first two years but I just contacted the new company Hendy Nissan to see if one was available and they said my contract originally with Westover Nissan was null and void.
Anyone know?
Cheers Tony.
It depends on the terms of the takeover. They might be right. If 'all rights and responsibilities' were not accepted, then contractual terms can die like that.

If you paid for the car on a credit card (any deposit value over £100) you can go enforce your contract on them as they are severally liable for that contract.

If I were you, I'd recognise that life is already too complicated, stressful and short, and just go find your own car to hire. They'd probably offer you something hopelessly unsuitable and uncomfortable and thereby ruin your holiday. Pick something really nice and cushy, you have earned it (I am sure!).

Good luck.
 

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Discussion Starter · #9 ·
It depends on the terms of the takeover. They might be right. If 'all rights and responsibilities' were not accepted, then contractual terms can die like that.

If you paid for the car on a credit card (any deposit value over £100) you can go enforce your contract on them as they are severally liable for that contract.

If I were you, I'd recognise that life is already too complicated, stressful and short, and just go find your own car to hire. They'd probably offer you something hopelessly unsuitable and uncomfortable and thereby ruin your holiday. Pick something really nice and cushy, you have earned it (I am sure!).

Good luck.
@donald You have a point. I am already doing battle with the HMRC over a disputed tax bill, Currys over a failed installation of a washing machine in my buy-to-let and my local doctor's surgery over gross incompetence in their handling of a medical issue.
Life is just one battle after another nowadays. To say nothing of a long running compensation claim for an injury sustained when a mad muslim woman texting with 2 kids in her car rear-ended me when I was stationary at traffic lights that has only just finished 5 years later.
Is it worth it? No you are probably right. I am battle weary. Life in the 21st century is just one battle after another for us.
Never mind chin up, Summer is here at last, lockdown is ending and Dorset is beautiful.

Cheers Tony.
 
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@donald You have a point. I am already doing battle with the HMRC over a disputed tax bill, Currys over a failed installation of a washing machine in my buy-to-let and my local doctor's surgery over gross incompetence in their handling of a medical issue.
Life is just one battle after another nowadays. To say nothing of a long running compensation claim for an injury sustained when a mad muslim woman texting with 2 kids in her car rear-ended me when I was stationary at traffic lights that has only just finished 5 years later.
Is it worth it? No you are probably right. I am battle weary. Life in the 21st century is just one battle after another for us.
Never mind chin up, Summer is here at last, lockdown is ending and Dorset is beautiful.

Cheers Tony.
Pfft .... you and I better not meet in a pub, we'd be talking through our respective recent disasters long past closing time.

Yup.

This is where I am at which is why I offer you that warm and heartfelt advice; go find the biggest most luxurious rental car you feel you can afford (nothwithstanding all your other disaster-related costs in life). Turn the car you choose into a big positive and a centre piece of your holiday experience.

I have two experiences to offer you to prove it; many years ago I took a trip to Florida and (naturally) picked the cheapest car, it was SUCH a bag of shyte I actually took it back because I was still in the area at the time, and they said 'well, we've got nothing else here, apart from ...... that convertible'. They swapped the car (no charge!). That car made the holiday. Had I know I'd have picked that car and paid the extra.

Likewise, trip to Canada, rented a 'big' sedan because it's a big place, but they didn't have any so gave me a 4x4 SUV. Again, perfectly suited the scene and was idea (albeit slightly thirsty).

Just do it. List the cars at your nearest Enterprise (they seem really pretty decent prices TBH if you book ahead far enough) and hit the 'list from HIGH to LOW'. See what comes up there and takes your fancy. Forget all the cheap crap.

OK? Do this for me, if not for yourself ... ;)
 

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Discussion Starter · #11 ·
@donald
In the 1970's and 1980's life was so much simpler. Personal responsibility trumped lawsuits and Health and safety.
Large companies employed armies of clerks service your needs.
Now everything has been downsized and outsourced, large corporations have turned their customers into proxy clerks to service their corporate needs. Customer service is trumpeted but never realized. The average person now spends at least half a day doing admin chores formerly done by the suppliers of services.
OK decision made.
Abandon Hendy and get a vehicle myself Thank you Donald for crystallizing the issues and bringing some common sense.

Cheers Tony.
 
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