DCH Scotland Ltd. T/A Lease2buy

General Terms and Conditions

 

Introduction

 

The following terms and conditions apply to any contract you (“The Customer” also referred to as “you”) enter into with DCH Scotland Limited (T/A Lease2Buy) Registered in Scotland No: SC233105. Registered Address: 13 High Street, Irvine, Ayrshire. KA12 0BA. Authorised and Regulated by the Financial Conduct Authority No:539522. ICO Registration: Z1801033 (referred to as “we”, “us” “Lease2Buy” or “The Company”) for a vehicle (“the Agreement”).

 

  1. Following acceptance by you of a quotation by Lease2Buy, you will be required to provide further financial and personal information that will allow us to confirm your identity and affordability.
  2. Following an accepted order you agree that we may carry out a credit check on you as part of your application process. If you are applying on behalf of a limited company you are confirming you have authority to authorise a credit search in the name of the company and each director. Every application will be subject to an affordability test.
  3. An order does not constitute a contract between you and Lease2Buy to purchase, hire or lease a vehicle. For there to be a contract between you and Lease2Buy to purchase, hire or lease a vehicle we must be able to provide a suitable vehicle on suitable terms. You must enter into a finance agreement. For the avoidance of any doubt, there is no contract to purchase, hire or lease a vehicle between you and Lease2Buy until a finance agreement is signed by you and that agreement is executed or becomes operational.
  4. If the vehicle you have ordered is not available, Lease2Buy will contact you to provide possible alternatives. If an alternative is not acceptable to you, Lease2Buy will cancel your order and refund any monies paid. If the vehicle is available Lease2Buy will confirm an estimated delivery date. Please note that dates are provided are intended as a guide only and should this date change we will notify you once we have the information available.
  5. Lease2Buy accepts no responsibility for any errors or omissions regarding vehicle model or specification, including any optional extras, if you have accepted the order and these terms and conditions. It is your responsibility to check that the vehicle you are ordering is to your requirements.
  6. By providing your business and/or personal information to us, you authorise us to disclose this information and any other information we hold about you as may be necessary for the purpose of considering your finance application. You will be required to accept additional terms and conditions in regard to the finance agreement.
  7. We rely on you to provide accurate information and relevant documentation.
  8. If you are applying on behalf of a limited company, you are confirming that you have the authority to authorise a credit search in the name of the company and its directors.
  9. The information provided will be used to carry out searches with credit reference and fraud prevention agencies. A record of this search will be kept and may be used by other lenders in assessing future applications from you or your business. A guide to how we use your information can be found on our website at lease2buycars.com
  10. You will provide any information required as a condition of the consideration of your finance application. Refusal to do so will result in your application being declined.
  11. Prices quoted for personal leasing will include VAT. Prices quoted for business leasing will be subject to VAT where applicable and specifically stated.
  12. Delivery to UK mainland locations will incur additional charges. You will be advised of any additional charges prior to the order being processed by us. If they are unacceptable, you will be entitled to choose an alternative vehicle, collect the vehicle from our premises or cancel your order and receive a full refund of any monies paid.
  13. We reserve the right to change the price of the vehicle either before or after an order is placed. If the price of a vehicle is changed after an order is placed Lease2Buy shall notify you of the change and you have the right to withdraw your order if the change is not acceptable and receive a full refund of any monies paid.
  14. Prices on the web site are for information purposes only and do not constitute an offer from Lease2Buy which is capable of acceptance by you. To process your order an initial securing deposit is required. The amount required will be stated on your order form prior to acceptance by you.
  15. If an order is subsequently cancelled your deposit will be refunded. In certain cases an amount equal to losses incurred by us may be retained. This will include but not be limited to late cancellation or failing to turn up to collect your vehicle.
  16. Upon receipt of a correctly completed and signed finance agreement, meeting our affordability and credit checks and, if applicable, payment of any balance of monies, Lease2Buy will arrange delivery of the vehicle to your chosen destination or collection from our premises.
  17. Certain delivery locations may incur additional charges and you will be informed of these prior to completion of your order.
  18. Information on “lead times” are estimates only and do not constitute an obligation to supply the vehicle in the time indicated. Delivery dates can fluctuate for a number of reasons out-with our control or influence and we will not accept responsibility for any losses or inconvenience caused.
  19. The statutory right to a cooling off period apply to all relevant finance agreements.
  20. We remain the owner of the vehicle until you have, (a) paid to us all the instalments shown in the agreement and all other amounts which may become payable by you to us under this agreement and (b) you exercise the Option to Purchase Fee shown in the agreement, or if none is shown, by notifying us in writing of your decision to retain the vehicle. Until then your rights are only those of a hirer of the vehicle.
  21. You may end this agreement by taking the steps set out in the notice ‘Termination: Your Rights’ and Clause 9 shown in the agreement.
  22. If you fail to pay us any amount you owe us under this agreement by the due date we may, in addition to our other rights, charge you default interest on that amount from the due date of payment until its receipt by us at the interest rate shown in this agreement, both before and after any judgement. You agree to pay to us any costs and charges shown in this agreement, which may become payable by you, and our reasonable legal and other costs for enforcing this agreement, including any costs payable to third parties acting on our behalf.
  23. We may also require payment of our reasonable charges arising from late payment. Where known at the date of the agreement our charges are (a) £12.00 to send out a payment reminder or document to which you are not otherwise entitled; (b) £25.00 for late payment, each cheque, card payment, standing order or direct debit or issuing a default notice; (c) a home visit within a 50 mile radius of our head office £45.00 or a home visit more than a 50 mile radius from our head office £95.00. Payment by credit card may attract a fee of £5.00.
  24. We will be entitled to assume that you refuse to comply with the terms of this agreement and to end this agreement, after giving you a default notice, if:
  1. you fail to comply with the terms of the default notice and we subsequently issue a Termination Notice.
  2. You break any of the provisions of clauses 2,3,4,or 6 of this agreement
  3. You provided false information when entering into this agreement
  4. You entered into this agreement for the purposes of your business and you stop trading or, if you are a partnership, the partnership has ended or court action has commenced to end it
  5. You have done anything which would allow any of your belongings, property, income or savings to be legally removed to pay off any of your debts; or
  6. Any of the following happens:
  7. a statutory demand ( that is, a written demand for payment of a debt of at least £750, which, if not paid in full, may result in bankruptcy or sequestration proceedings being brought against you) is not paid in 21 days, or any steps are taken by you or anyone else to declare you bankrupt or to sequestrate you.
  8. You take steps to enter into an arrangement or debt management plan with your creditors
  • A bailiff or other officer controls or seizes the vehicle or any of your assets following a court order
  1. The landlord of premises where the vehicle is situated threatens, or takes steps, to seize or in any other way control the vehicle or any of your assets
    1. If we end this agreement, subject to your rights as set out in the notice, ‘Repossession: Your Rights’ we may take back the vehicle from you and you must pay to us:
  2. all instalments and other sums which have become payable by you to us under this agreement, and
  3. the outstanding balance of the Total Amount payable at that time, less
  4. i) any Option to Purchase Fee and any rebate of charges to which you may be entitled and
  5. ii) any money we receive from selling the vehicle after we have deducted the costs of recovery, repair, insurance and storage.
    1. Proof of insurance is required before delivery/collection can take place. Please note that the hirer obtaining finance must be the main policy holder or a named river on the insurance policy.
    2. You must keep the vehicle comprehensively insured at all times with a maximum excess of £500 and the full replacement value of the vehicle. You must note our interest on the policy with your insurers. You must comply with all the terms and conditions of any such insurance policy and promptly provide us with any assistance which we may require in pursuing any claim.
    3. You must tell us and your insurer about any loss or damage within 48 hours of the loss or damage occurring, and whether you or anybody else will be making a claim against the insurer. You agree to hold in trust for us any insurance monies you may receive.
    4. You authorise us to negotiate and settle any claim with your insurer, and to receive any monies from the insurer under the policy. You may not withdraw this authority and you agree to accept any settlement we may reach with the insurer. You will still need to pay us any balance under this agreement. Unless we end this agreement pursuant to clause 11, this agreement will continue even if the vehicle is lost or damaged.
    5. If you entered into this agreement for your business purposes, you must also obtain adequate insurance cover for employer’s liability, liability to third parties and liability for negligence and loss, damage or injury arising out of your use and possession of the vehicle.
    6. If the vehicle is a goods vehicle, you must be licensed under the Goods Vehicle (Licensing of Operators) Regulations 1995 and furthermore you confirm that you hold a valid operator’s licence and agree to furnish us with a copy within seven days of the date of the agreement and at least annually following our request. You agree not to do anything which might result in the loss of that licence or which might result in the vehicle being taken away under the Goods Vehicles (Enforcement Powers) Regulations 2001.
    7. Upon entering into a contract agreement you are responsible for maintaining and running the vehicle in accordance with the manufacturer’s guidelines. These include keeping the vehicle properly serviced in accordance with the manufacturers recommended service schedule.
    8. You must keep the vehicle roadworthy, in good working order and condition at your expense. You are responsible for all loss of, or damage to, the vehicle even if caused by events beyond your control, except for loss or damage due to fair wear and tear.
    9. You must not let a repairer, or any other person to whom you owe money, keep the vehicle as a result of your not paying the money you owe.
    10. You must ensure that any tests or inspections required by law or by the insurer are carried out.
    11. Unless we have consented in writing, you may not make alterations or additions to the vehicle (including fixing a personalised or non-original number plate). Any alterations or additions made without our consent (which may not unreasonably be withheld) will become our property.
    12. You must allow our representative to inspect and test the vehicle at all reasonable times and with reasonable notice.
    13. You will be required to obtain an MOT (at your cost) 3 years from the vehicles first date of registration and annually thereafter. If applicable you will be entitled to the balance of any manufacturers warranty still in force when you take delivery of the vehicle.
    14. In the event that the manufacturers warranty expires during the contract period you will be liable for any repairs or breakdown costs. If you have purchased a third party warranty this may cover your costs. These are not supplied by Lease2Buy.
    15. We will provide a 30 day warranty with the vehicle. Any repairs required within the warranty period have to be carried out at our workshops. If due to geographical, or other limitations, any repairs are required to be completed out-with the area they will be subject to a maximum contribution of 50% from Lease2Buy.
    16. Our warranty does not cover negligent use or abuse, keys, tyres or wrongly fuelling a vehicle.
    17. You cannot use the vehicle on a public road when it is not legally authorised due to no Road Fund Licence, MOT or insurance. The vehicle must be SORNed if it is not taxed but must still be kept insured.
    18. Liability. During the term of this agreement, and for the purposes of the Road Traffic Regulations Act 1984, as consolidated by the Road Traffic Offenders Act 1988, you shall be liable for:

 

(a) any offences attributable to the driver(s) which may be committed with respect to that vehicle when it is stationary and when a fixed penalty notice is being issued.

(b) any other offences under the above act(s), as amended from time to time, which cause a fixed penalty or other penalty to be issued

(c) the driver/hirer is responsible for, and agrees to pay, all applicable administration fees to Lease2Buy for the processing and administration caused by any non-payment or other reasons causing us to undertake additional operations to deal with any of the above in respect of the hirer or the vehicle.

  1. You confirm that we may hold and process by computer or otherwise any information obtained about you and/or a joint applicant in connection with this application, any other applications you may have made or other Agreements entered into. You also agree that we may use this information and disclose it to associate companies of ours for the purpose of reviewing this agreement or for credit assessment, marketing or administering and servicing this agreement and to enable us to carry out statistical analysis. You confirm that we may disclose information obtained about you in connection with this agreement to our agents, advisors, principals and any other person to who we assign our rights under this agreement and they will be able to use the information as we may do in accordance with this clause. We may refuse to enter into this agreement without stating a reason.
  2. You must inform us, in writing, within seven days of any change of your name, address or any other relevant particulars.
  3. We will not share or sell your information to third parties.
  4. We will not otherwise disclose this information except when required or permitted to do so by law and for fraud prevention purposes to a licenced credit reference agency to help us and others make credit decisions.
  5. Nothing in these conditions shall affect your statutory rights.
  6. Where a clause refers to a specific law or regulation any subsequent changes to that law or regulation will take effect.
  7. Complaints. For a copy of our customer complaints procedure please visit our website at www.lease2buycars.com We would seek to resolve any complaint or concern you may have in the first instance, however if we are unable to then you may be able to refer your complaint to the Financial Ombudsman Service or EU Online Dispute Resolution (ODR) platform.This platform is available here.

A FOS complaints leaflet is available at

www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm or we can supply a hard copy on request. Full details are available on our website. If you have any feedback regarding your service you should email feedback@lease2buycars.com.

  1. Notices served shall be deemed sufficiently served if sent by post, fax or email to the usual or last known place of residence or place of business of the addressee and proof of dispatch shall be conclusive evidence of receipt by the addressee in the due course of the transmission. If there is more than one hirer a notice served on one will be deemed to have been served on all.
  2. In this agreement “Act” means the Consumer Credit Act 1974; “terms” include, without limitation, the Terms And Conditions. “Vehicle” means the vehicle described in the agreement and includes any replacements, renewals and additions, to which we or any insurer may agree. Words and expressions to which meanings have been given on page 1 shall have those meanings in theses terms. Any headings to clauses shall not affect the interpretation of any of the terms.

Reference to any Act or regulation includes any amendment to that Act or regulation.

If at any time we allow you to do something which is against any of the terms of this agreement, this will not prevent us from insisting that you strictly follow the terms at any later time.

If two or more of you have signed the agreement as the Customer, you are liable jointly and severally, that is together as well as separately under this agreement. This means that either or all of you can be held fully liable for the obligations of the Customer under this agreement.

If you discharge part of your indebtedness under this agreement early we may, by written notice to you, vary the amount of the remaining instalments or the remaining duration of the agreement, which may also automatically result in changing the APR.

You may at any time request us to communicate with you by email. You must then provide us with a current valid email address and provide we are practically able to do so, we will send you statements, documents, notices and letters (other than default notices) by email. It shall be deemed effective service if we write to you or email you at the address or email address last known to us. It is your responsibility to keep us provided with an up to date email address and to notify us within seven days of any change.

  1. Although you may not assign or otherwise transfer this agreement, we may assign it under the terms contained herein and any references to us shall include any such assignee.
  2. Nothing in this agreement will give any person, other than you or us (or anyone who takes over from us or any person to whom we have transferred our rights under this agreement), any rights under this agreement.
  3. This agreement will only come into force if and when you and we, or our authorised representative, have signed it.
  4. Governing Law. This agreement is governed by Scottish Law. Any dispute will be subject to the jurisdiction of the Scottish Courts. If for any reason this agreement has to be discharged under English Law any words that are not in current use in England will have their nearest equivalent meanings

 

 

DCH Scotland Ltd T/A Lease2Buy is regulated by the Financial Conduct Authority, FRN 673611. ICO Registration No. Z1801033 Our bad credit car finance is flexible and designed to get you on the road.

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