Warranty dispute

[Poor-Paulus]

I bought a nice car in September and it came with 12 months warranty. A few days after buying the car, true to his word, the dealer posted out the warranty schedule to me, a copy of the Warranty companys’ promotional leaflet and a thank you letter.

 

This week, I have had cause to make a claim on this warranty. Here’s the history...

A few weeks ago, I noticed that the car was losing coolant. Not much, but enough for me to want to get it checked. So I contacted the Warranty Company and they advised that I get it checked. I had it booked in on the day when the snow fell heavily a few weeks ago, so I had to go and rescue the car before it got snowed in. The mechanic had made an initial inspection that pointed to the radiator, but they couldn't confirm. I rebooked it approx 10 days later after the snow had cleared, but again, due to no fault of mine, the diagnosis couldn't be completed because the mechanic was ill. I finally had the work completed last week and rectified this week. I was alarmed when the mechanic told me that he had been told by the Warranty Company that they wouldn't cover the claim because there had been more than 14 days since the fault was reported. This was news to me because the information I received from the Car Dealer didn't include such details.

I proceeded to ring the Warranty Company to enquire as to the reasons behind their decision because I was unaware of the 14 day rule. They informed me that these details were in the Terms and Conditions that I received when I bought the car. Now this is the point of this post...I didn't receive, nor was I aware of the Terms and Conditions of the cover until I requested a copy from the dealer today.

 

In a nutshell, there were two delays.

Delay one was due to the snow.

Delay two was due to the Mechanic being ill.

 

So who's at fault here??? Is there blame here? Is the Car Dealer at fault for not giving me all the information? The warranty company for not informing me at start of the claim? The Mechanic for compounding the delay? God for making it snow? Me for being ignorant to these things?

 

I'm feeling pretty cheated considering the money I paid for the car, so any advice would be very much appreciated.

[Conniff]

Recinded - not relevent.

Edited February 2, 2010 by Conniff

[scaniaman]

Yes Conniff, insurance backed warranties are a waste of paper and buyers money. But are manufacturers warranties any better?? I am in dispute with Citroen because they say that their warranty only covers faulty parts or workmanship. They won't pay for investegative work to ascertain why the car is heavy on fuel, apart from their useless computer.

Their claim is that their cars are "crammed full of technology" yet their warranty doesn't cover this "technology". Apparently, there is nothing i can do about it.

[Conniff]

Yes Conniff, insurance backed warranties are a waste of paper and buyers money. But are manufacturers warranties any better?? I am in dispute with Citroen because they say that their warranty only covers faulty parts or workmanship. They won't pay for investegative work to ascertain why the car is heavy on fuel, apart from their useless computer.

Their claim is that their cars are "crammed full of technology" yet their warranty doesn't cover this "technology". Apparently, there is nothing i can do about it.

 

I really wish we could have come up with something that would have assisted you Scaniaman. It is always in my mind and everytime I read some piece of legislation I always think, would that help get Peugeot for Scaniaman.

 

There probably is something out there somewhere. I have gone through reams and reams of European legislation that is of assistance to the UK consumer, but nothing as yet that makes me say - 'that's what I've been looking for'.

[sailor sam]

Hi,

 

Has the dealer only got one mechanic then? In any event, conniff is spot on. Inform dealer that you are going to get the rad repaired/replaced and will be expecting them to pay for it or suggest that they do it for you. Let them take it up with the warranty comany.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[Poor-Paulus]

The dealer is having none-of-it. Should I be thinking of speaking to a solicitor?

[Conniff]

No, you should send him a letter recorded or special delivery 'telling' him that under the Sale of Goods Act he is responsible as that act says that in the first six months, any faults are assumed to have been there at purchase.

Give him 7 days at most to respond and then send a letter, again 'telling' him that you are now going to have the radiator replaced and will send him the bill.

Tell him also that failure to reimburse you the cost will result in a court claim being made against him without further notice.

 

Be prepared to issue a small court claim against him or don't bother with the threat. It will cost you £35 which you will claim back and can be done on line.

[sailor sam]

I suggest that you say in the first letter you will arrange to have the repair done unless they respond within 7 days. If necessary, then have the repair done (obviously keep the receipt/invoice) and then send a copy of the receipt/bill with a 'fiinal letter before action' giving them 14 days to re-inburse you in full otherwise you will do as Conniff suggests; make an application to the small claims court. Send all letters by recorded delivery.

 

Keep us posted.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[flub1976]

The 6 month idea is fine but all the dealer needs to show is that fault was not there at the point of sale so before you go down that route you need to ensure that mileage etc are reasonable and that the radiator wasnt holed due to road debris etc. More information is needed.

 

Plus the dealer can claim mitigating circumstances as you did have cover from the warranty but failed to act accordingly. The fact that you didnt receive T&Cs at point of sale may be relevant but as you didnt make a complaint at the time Im not sure its going to help as you still had the opportunity to read them in full and cancel the policy when they where handed over.

 

The fact that the snow meant that you didnt collect the car is not the dealers fault. warranty companies will always try to wriggle out and you have to deal with them on their terms, its nomally better to get the supplying dealer to deal with the warranty company and sort he claim out as they will often have more clout with the warranty company and know the routine.

The clause of 14 days it to avoid further problems arrising hence increasing the cost of repair, ie taking out the headgasket due to lack of coulant.

[Conniff]

I've just read through the thread again and noticed that the radiator has been replaced therefore soga will not apply and the dealer is right to reject the claim. He cannot prove one way or the other now that there was a fault.

The seller should have been given the first opportunity to do a repair, so all I can see to be done now is to bang away at the warranty company which probably won't go anywhere as the T&Cs were not adhered to.

[sailor sam]

Yeah but didn't the warranty co tell the OP to 'get it checked out'? Did they specify where?

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[flub1976]

I would go back to the dealer and ask if they can have a word with the warranty company. the dealer has a relationship there and may be able to get a bit of good will.