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    • I have also emailed them this below      Can I please bring your attention to the Consumer Rights Act 2015 wherby it states my right to a refund I have highlighted the points where I feel you are failing in regards to this Act. Please refer this to you senior to be looked over immediately and I look forward to your reply    Thanks Kelly Gallimore Right to reject (1)The short-term right to reject is subject to section 22. (2)The final right to reject is subject to section 24. (3)The right to reject under section 19(6) is not limited by those sections. (4)Each of these rights entitles the consumer to reject the goods and treat the contract as at an end, subject to subsections (20) and (21). (5)The right is exercised if the consumer indicates to the trader that the consumer is rejecting the goods and treating the contract as at an end. (6)The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader. (7)From the time when the right is exercised— (a)the trader has a duty to give the consumer a refund, subject to subsection (18), and (b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed. (8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them. (9)The consumer’s entitlement to receive a refund works as follows. (10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money. (11)To the extent that the consumer transferred anything else under the contract, the consumer is entitled to receive back the same amount of what the consumer transferred, unless subsection (12) applies. (12)To the extent that the consumer transferred under the contract something for which the same amount of the same thing cannot be substituted, the consumer is entitled to receive back in its original state whatever the consumer transferred. (13)If the contract is for the hire of goods, the entitlement to a refund extends only to anything paid or otherwise transferred for a period of hire that the consumer does not get because the contract is treated as at an end. (14)If the contract is a hire-purchase agreement or a conditional sales contract and the contract is treated as at an end before the whole of the price has been paid, the entitlement to a refund extends only to the part of the price paid. (15)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund. (16)If the consumer paid money under the contract, the trader must give the refund using the same means of payment as the consumer used, unless the consumer expressly agrees otherwise. (17)The trader must not impose any fee on the consumer in respect of the refund. (18)There is no entitlement to receive a refund— (a)if none of subsections (10) to (12) applies, (b)to the extent that anything to which subsection (12) applies cannot be given back in its original state, or (c)where subsection (13) applies, to the extent that anything the consumer transferred under the contract cannot be divided so as to give back only the amount, or part of the amount, to which the consumer is entitled. (19)It may be open to a consumer to claim damages where there is no entitlement to receive a refund, or because of the limits of the entitlement, or instead of a refund. (20)Subsection (21) qualifies the application in relation to England and Wales and Northern Ireland of the rights mentioned in subsections (1) to (3) where— (a)the contract is a severable contract, (b)in relation to the final right to reject, the contract is a contract for the hire of goods, a hire-purchase agreement or a contract for transfer of goods, and (c)section 26(3) does not apply. (21)The consumer is entitled, depending on the terms of the contract and the circumstances of the case— (a)to reject the goods to which a severable obligation relates and treat that obligation as at an end (so that the entitlement to a refund relates only to what the consumer paid or transferred in relation to that obligation), or (b)to exercise any of the rights mentioned in subsections (1) to (3) in respect of the whole contract
    • V common problem for this car. Might be something small like EGR valve needs a clean, might be water pump, might just need a service. Might still be a very good car, just need to spend a little. Naturally you take them to court for the money you spend of course.
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Problem with warranty company - advice needed


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I purchased a second hand car back in March and purchased a 12 month warranty for it from Warranty Management Services.

 

A warning light came on the dashboard a few weeks ago and the warranty company told us to take it to a garage and to contact them when the fault had been diagnosed.

 

We took the car into the garage on the 14th July and were advised that the fault was the ABS pump. I then spoke to the warranty company who advised me that it was covered but that it was too expensive to replace so they wanted the garage to send it off to be repaired instead.

 

The garage the warranty company instructed to repair the pump didn't even collect it until the 21st July!

 

We contacted the warranty company on the 29th July because we still hadn't heard anything and neither had the original garage. They finally called us back later that day and advised us that they had been told that the pump was beyond repair. They said that water had got onto the motherboard and that because it was a sealed unit they would not be able to repair it.

 

The warranty company then told us that it wasn't covered after all because, although it was an electrical fault which is covered by warranty, the fault was caused by water damage.

 

By this point we have already been without the car for 16 days and because we live out in the country we rely heavily on the car to get to and from work so had to hire a car while ours was being repaired.

 

I've spoken to the garage today who say the car won't be ready until the 3rd August because they now have to wait for a new pump from the manufacturer which means we would've been without it for 3 weeks and we'll have to pay nearly £1000.00 for the repair!

 

It's bad enough that the warranty company are refusing to pay for the repair but if they hadn't taken so long to tell us we weren't covered we could've had the car repaired in a matter of days not weeks and not incurred such high hire car charges as well.

 

We are now faced with a £1000.00 repair bill plus the cost of the car we had to hire to cope for the 3 weeks the car has been in the garage.

 

Is there anything I can do to try and recoup some of this money from the warranty company?

 

I'd be grateful for any advice on this matter.

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Not sure why you contacted the warranty co first. Under the SOGA, a used car purchased from a trader should be free from defects for the first 6 months of ownership. Any defects which appear in that time are assumed to be present at the point of sale. Your warranty does not replace your statoury rights so basically, you are chasing the wrong people. Your claim is against the seller and you should in the first instance contact him to arrange repairs. I am assuming that the garage you are talking about is the seller. There is little point in contacting the warranty comany at all. If the seller wishes to use the warranty then that is up to him, but in any event he is responsible as far as you are concerned untill 6 months has passed. The repairs should be at no cost to you whether covered by the warranty or not as long as it's a defect not caused by you.

 

If I were you, I would politely contact the seller and mention you have taken some advice and as such ask him to provide you with a courtesy car or you may be inclined to consider asking for your money back. Under SOGA, you may have a case to reject the car as the repairs are taking an unreasonable time to complete.

 

Hopefully Conniff, another Cagger who is up on these things will give his view soon. But then again, it is Sunday and the pubs are open!

 

__________________

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 useful.

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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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The garage carrying out the repair is Nationwide Autocentres not the garage I bought it from.

 

The dealer I bought the car from is a small secondhand car dealer and doesn't have repair facilities and is based in Bolton. I live in South Wales so I wouldn't be able to return it to them for repairs anyway which was why I purchased the nationwide warranty.

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Have you contacted the seller at all? You may be stuck with a repair bill if he hasn't had an opportunity to have some input. At the end of the day, it is the seller's responsibility not the warranty co. The seller may agree to foot the bill for anything not covered under the warranty but in any event, the SOGA says that a repair should not be at the cost of the consumer within the first 6 months of ownership as long as it wasn't caused by the consumer. The only exception can be fair wear and tear.

 

__________________

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 useful.

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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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