Theoretical question

[labrat]

Been looking at a new car.

 

Eventually settled on getting a Nissan leaf (electric vehicle)

 

Wife asked a interesting question

 

If a car is on finance the bailiffs can't take it

 

Won't ever apply as I'm planning to buy the car outright

 

However...

 

The batteries in the car are leased on a monthly basis

 

Would this effect a bailiffs powers to seize it?

 

Like I say most likely won't ever apply bit it's a question we may be asked one day

[brassnecked]

That will be a most interesting scenario, as Renault also do something similar with the Zoe and Nissan with the NV200 van. Nissan Finance or whatever would probably have to put in a S85 third party claim for their batteries. bailiffs would be unhappy as without the battery pack the Leaf is of no use, so would fetch peanuts at auction sans batteries. Replacement batteries are around 5K a pop, and if the car and batteries were bought outright would need replacing anywhere from 3 - 5 years depending on use, number of charge/discharge cycles etc.

 

The bailiff might claim that as the batteries are critical and car useless without them, they would claim Lessee has Beneficial interest in the batteries using that CC judgment about the Injunction so try to tell Nissan to foxtrot oscar.

 

How you would place a cash value on the batteries as a part of the cars value is also problematic dependent on the age of the car, a pack in a 4 year old Leaf would be less as they would need replacement before very long, and at a distress auction a bidder would have to factor in either leasing or buying a new pack before long, so probs car worth less than £1 - 2k in that cirvumstance, but £5 K + on forecourt.

 

Perhaps Grumpy or HCEOs can give an opinion from the coalface?

[labrat]

I thought it might be an interesting question

 

Like I say it's a theoretical question as I am lucky enough to have family with money (who are lending me money for car)

 

It's just something I can see happening in the future

[brassnecked]

I thought it might be an interesting question

 

Like I say it's a theoretical question as I am lucky enough to have family with money (who are lending me money for car)

 

It's just something I can see happening in the future

 

It's one that will need a Test Case, as it would be akin to the owner leasing the engine, now there's an intersting concept without which the car is useless.

[ploddertom]

You answered the question about the batteries yourself. They are leased so never belong to you. Even if you were to sell the vehicle then the buyer has to take a new lease out for the batteries.

[brassnecked]

You answered the question about the batteries yourself. They are leased so never belong to you. Even if you were to sell the vehicle then the buyer has to take a new lease out for the batteries.

But bailiff would have difficulty getting a decent amount at auction with a leaf without batteries.

[Peterbard]

I think the complete car would be seized, as the debtor, at least, could be said to have an interest in the whole vehicle.

It would then be up-to the third party to register an interest with the EA.

[brassnecked]

I think the complete car would be seized, as the debtor, at least, could be said to have an interest in the whole vehicle.

It would then be up-to the third party to register an interest with the EA.

That DB is how I see it, they would take the car and it would be up to Nissan to claim their property, the battery pack; without which the car is banger value at best, as in say a BMW 09 plate with a seized engine.