Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Page 1 of 2
1 2 LastLast
Results 1 to 20 of 24
  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    gordonhall Informative gordonhall Informative

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    I am in
    Manchester
    Posts
    454

    Default Manufacturers warranties - unfair?

    On a washing machine I once bought, it came with a 5 year parts warranty. That seemed great until I was told that I HAD to use their engineers, and the labour cost was £90 per hour.

    Seeing as I had previously used a local chap for repairs on my old washer @ £12 per hour, I didn't really see that as good value.

    So what is the position? Can the manufacturer charge me that or am I covered anyway under current consumer law?

    I'm assuming the manufacturer wouldn't send out any parts to cover faulty ones until "they" had decided what the fault was.

    Similar Threads:

  2. #2
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    jonni2bad Authoritative jonni2bad Authoritative jonni2bad Authoritative jonni2bad Authoritative jonni2bad Authoritative jonni2bad Authoritative jonni2bad Authoritative jonni2bad Authoritative jonni2bad Authoritative jonni2bad Authoritative jonni2bad Authoritative jonni2bad's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    I am in
    balanced
    Posts
    8,495

    Default Re: Manufacturers warranties - unfair?

    bump

    ..

    .

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.



  3. #3
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    gordonhall Informative gordonhall Informative

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    I am in
    Manchester
    Posts
    454

    Default Re: Manufacturers warranties - unfair?

    am I supposed to understand that "bump"?

    .
    Barclays - £268 - Moneyclaim
    Capital One - £172 - Moneyclaim
    Abbey (2nd claim) - Moneyclaim
    ---------------------------------------------------

    HSBC - £2164.46- PAID IN FULL
    MBNA - £471 - PAID IN FULL
    NatWest - £307 - PAID IN FULL
    Abbey Business - £314.15 - PAID IN FULL

  4. #4
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    jonni2bad Authoritative jonni2bad Authoritative jonni2bad Authoritative jonni2bad Authoritative jonni2bad Authoritative jonni2bad Authoritative jonni2bad Authoritative jonni2bad Authoritative jonni2bad Authoritative jonni2bad Authoritative jonni2bad Authoritative jonni2bad's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    I am in
    balanced
    Posts
    8,495

    Default Re: Manufacturers warranties - unfair?

    A 'bump' is an attempt to bring your thread back to the top of the list, in order to get more viewings and possibly the answer you need.

    To be used sparingly....



    ..

    .

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.



  5. #5
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    mutzi Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2006
    I am in
    Scotland
    Posts
    190

    Default Re: Manufacturers warranties - unfair?

    It's the seller not the manufacturer thats responisible (unless they are the same) under the sales of goods act. They would be your first point of contact if an item proved faulty and although they may try to push you into repairs via the guarentee if its not to your advantage then remind them of your rights. The manufacturers guarentee gives you additional options but does not reduce the sellers obligations. Sounds like they are just trying to make additional profit out of consumer ignorance :-|


  6. #6
    Lueeze
    Guest

    Default Re: Manufacturers warranties - unfair?

    I cannot answer 100% but I know with cars, you have to get the warranty work done at an approved dealer (which is more expensive) otherwise it invalidates it.its a rip off but im not sure what you can do, as If something hapened you wouldnt be able to claim on warranty again i think...

    Lou x


  7. #7
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    gordonhall Informative gordonhall Informative

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    I am in
    Manchester
    Posts
    454

    Default Re: Manufacturers warranties - unfair?

    thanks for advice and good to have more knowledge of all these matters!

    .
    Barclays - £268 - Moneyclaim
    Capital One - £172 - Moneyclaim
    Abbey (2nd claim) - Moneyclaim
    ---------------------------------------------------

    HSBC - £2164.46- PAID IN FULL
    MBNA - £471 - PAID IN FULL
    NatWest - £307 - PAID IN FULL
    Abbey Business - £314.15 - PAID IN FULL

  8. #8
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    sean5302 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    May 2006
    Posts
    63

    Default Re: Manufacturers warranties - unfair?

    --


  9. #9
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    Movingon Authoritative Movingon Authoritative Movingon Authoritative Movingon Authoritative Movingon Authoritative Movingon Authoritative Movingon Authoritative Movingon Authoritative Movingon Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2006
    Posts
    2,715

    Default Re: Manufacturers warranties - unfair?

    Once again; a warranty is NOT a guarantee, it's merely a statement of willingness to fix certain problems. Of course if you want a repair done under ACME's warranty that they're willing to fix certain problems, THEY have to fix it.

    A Guarantee is a statement that they don't believe their product will break in a certain time period, and if it does, they will honour that guarantee by repairing/replacing FOCicon - they usually do this because they know that statistically the product fails only once every <time period> and that payouts under the guarantee will not lose them an awful lot of money.


  10. #10
    Royalties Account Holder
    Help the CAG!!
    Download our toolbar
    JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    May 2006
    Posts
    11,028

    Cool Re: Manufacturers warranties - unfair?

    Quote Originally Posted by Lueeze
    I cannot answer 100% but I know with cars, you have to get the warranty work done at an approved dealer (which is more expensive) otherwise it invalidates it.its a rip off but im not sure what you can do, as If something hapened you wouldnt be able to claim on warranty again i think...

    Lou x
    Having your car serviced at another garage franchised or not does NOT invalidate your warranty. In fact under the rules of their own body the SMMT they are expressly forbidden from refusing a to honour a warranty under such circumstances.

    However if the repairing garage used none manufacture parts which failed then you would a claim against that repairer.

    Also some Franchise dealers try & claim that if you fit ANY none manufacture part you invalidate your whole warranty.

    In other words they will try & claim that if you fit any none standard parts such as brake pads & your head gasket fails you can no longer claim on your warranty. Absolute & utter rubbish. The warranty is STILL valid


  11. #11
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    sean5302 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    May 2006
    Posts
    63

    Default Re: Manufacturers warranties - unfair?

    --


  12. #12
    Royalties Account Holder
    Help the CAG!!
    Download our toolbar
    JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    May 2006
    Posts
    11,028

    Default Re: Manufacturers warranties - unfair?

    [quote=sean5302]Thank you JonCris.
    The SMMT is the society which represents the car makers and traders. Its decisions are by no means binding upon any manufacturer or retailer, but it aims to portray us in a fair light.
    If you had a car recovered to the average franchised dealer with, say, a snapped cambelt, the resultant repairs would cost between &#163;1000 and &#163;3000. On some engines, you may just bend the odd valve. That is the exception nowadays, but even then, you're looking at &#163;400.
    If you had had the cambelt changed by a non-franchised dealer, are you seriously saying that the manufacturer or their appointed retail franchisee would entertain your warranty claim?
    In theory, maybe. In reality, not a chance. None whatsoever. How could we verify that the work had been done to a satisfactory standard. Indeed, if it had been, why has the new belt snapped?

    NO *I stated any new part fitted by a none franchise garage is the responsibilty of that garage & its upto that garage to seek a warranty replacement from their supplier & its irrelevant who made the part.

    What I was also saying is that just because there is another failure involving a different part does not give the Franchise dealer the right to claim that the whole of the warranty on the rest of the vehicle is now invalidated.

    In other words a manufacture cannot invalidate a warranty if you have your car serviced elsewhere. Nor can he if you have it repaired elsewhere (*subject to the above)

    The SMMT guidance may not be binding but should a dealer not comply then a court will almost certainly find in favour of the owner.

    Bin there done that


  13. #13
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    sean5302 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    May 2006
    Posts
    63

    Default Re: Manufacturers warranties - unfair?

    --


  14. #14
    Royalties Account Holder
    Help the CAG!!
    Download our toolbar
    JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    May 2006
    Posts
    11,028

    Default Re: Manufacturers warranties - unfair?

    Quote Originally Posted by sean5302
    Agreed.
    I think we both said much the same, really.
    I have every sympathy for the uninformed, motoring public.
    Like you, I've got the "T" shirt and have heard pretty much every excuse.
    No, your antifreeze is blue, not red like ours, so the back axle dropping off isn't covered.
    Funnily enough, the rogues wouldn't try it on with you or me.
    Unfortunately, we have sons, daughters, mothers, fathers.....
    I've heard much more laughable excuses than that. I'm involved with a Freelander Action Group & some of the excuses used for repudiating liability beggar belief. Heres one "Sorry you have invalidate your warranty cos you loaned it to your dad".Duh! Or how about. "We confirm that our low p/x offer against another Freelander is based on the fact that there are known engine problems". That one is in WRITING (I have a copy) You really couldn't make some of them up if you had as much as 1 brain cell


  15. #15
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Eduin Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    May 2006
    Posts
    29

    Default Re: Manufacturers warranties - unfair?

    Quote Originally Posted by sean5302
    Thank you JonCris.
    The SMMT is the society which represents the car makers and traders. Its decisions are by no means binding upon any manufacturer or retailer, but it aims to portray us in a fair light.
    If you had a car recovered to the average franchised dealer with, say, a snapped cambelt, the resultant repairs would cost between £1000 and £3000. On some engines, you may just bend the odd valve. That is the exception nowadays, but even then, you're looking at £400.
    If you had had the cambelt changed by a non-franchised dealer, are you seriously saying that the manufacturer or their appointed retail franchisee would entertain your warranty claim?
    In theory, maybe. In reality, not a chance. None whatsoever. How could we verify that the work had been done to a satisfactory standard. Indeed, if it had been, why has the new belt snapped?

    The rest of what you wrote is fine. I agree that brake pads and head gaskets are unrelated. My own example concerned tyres and warranty.
    The OFT has ruled in the issues of Motor Trade and Warranties. All ties between using authorised repairers and the warranties on motor vehicles are severed.

    The franchise would have to prove that negligence was present on the part of the repairer and as I understand the OFT ruling, standard motor trade body membership for the appropriate work would suffice.

    Regards,
    Eduin


  16. #16
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    sean5302 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    May 2006
    Posts
    63

    Default Re: Manufacturers warranties - unfair?

    --


  17. #17
    Royalties Account Holder
    Help the CAG!!
    Download our toolbar
    JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    May 2006
    Posts
    11,028

    Default Re: Manufacturers warranties - unfair?

    Quote Originally Posted by sean5302
    No. Please, let's be clear about this. I'm not writing about routine servicing. If you use the correct parts, I accept that the work can be done by any reputable organisation. What I'm describing is what would happen for specific service work, such as cambelt change or similar.

    You turn up to one of our franchised dealers and request work be done under warranty, following such work done outside our dealer network.

    You will be shown every courtesy.

    Every sympathy

    And then the door.

    The franchise would have no need to prove anything. The claim would be against the supplying dealer or, more likely, against the garage who carried out the work.

    A cambelt can snap for varied reasons. Age, oil leaks, worn pulleys and guide rollers, seized water pumps, and POOR FITTING. The last item would be the reason we'd exclude any goodwill. We vouch for our own franchisees, but not for every garage you might go to.

    Exactly the same as if you bought the parts yourself and fitted them. You could be a highly experienced, manufacturer trained fitter. You'd still get no joy if your belt snapped and the work wasn't done by us.
    I thought the same but it appears we are wrong. If the work is carried out by a competent engineer then you would have to prove negligence to refuse a warranty repair on that same failed part.

    I suspect any part used by the "other" garage would have to be a genuine part otherwise it does place the franchise garage in a very unfair position


  18. #18
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    sean5302 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    May 2006
    Posts
    63

    Default Re: Manufacturers warranties - unfair?

    --


  19. #19
    Royalties Account Holder
    Help the CAG!!
    Download our toolbar
    JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    May 2006
    Posts
    11,028

    Default Re: Manufacturers warranties - unfair?

    Quote Originally Posted by sean5302
    This is where you and I need to dispel a few of people's myths.
    If we shop at Tesco's we see Tesco logos and signs, the staff wear Tesco overalls and the site is owned by....Tesco. It is a wholly-owned operating division of Tesco UK.

    If we shop at the Honda dealer down the road we see Honda logos and signs, the staff wear Honda overalls and the site is owned by.....the dealer. He has paid Honda UK for the franchise to retail their cars.

    Substitute "Honda" for BMW, Mercedes, VW or whichever brand you like.

    Big difference.

    When someone buys a car from a dealer, both parties have a contract. If they go somewhere else and get a major part serviced (badly) and that part breaks, what has a third party dealer to do with this transaction? Absolutely nothing.
    They can say the part was badged "genuine VW" or whatever. That still doesn't give them a claim against the local VW retailer. He is no more an operating site of VW than the Honda man is.

    Both have just paid for the franchise to sell the respective cars.

    I've seen very many such warranty claims.
    As you will know, our group comprises:
    VW, Audi, Bentley, Lamborghini, Bugatti, Skoda,Seat and several others. We operate the same policy throughout the group. I'm sure that Ford operates similarly with Volvo, Land Rover,Ford, Mazda etc ie all its brands in the UK.
    I understand that but isn't it the EU's plan to do away with the franchised dealer & for dealers to become like Tescos by acting as retailers who can stock any make of vehicle they wish. Obviously some alternarive to the stock loan will have to be found such as extending the non-payment period until sold & even supplying on sale or return


  20. #20
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    sean5302 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    May 2006
    Posts
    63

    Default Re: Manufacturers warranties - unfair?

    --



Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE