Breach of Contract by Car Dealer - Refusing to submit Warranty application to 3rd Party

[stroke a badger]

Guys,

 

Not being that clued up on SOGA I would like your thoughts on my situation.

 

I recently bought a car from a dealer and included as part of the transaction was 3 months warranty provided by a 3rd party and because of a rather complicated issue the dealer is refusing to process the warranty application. The warranty provider has confirmed they haven't received the application paperwork.

 

When I bought the car i noticed a slight vibration though the clutch peddle when pulling away but as it was a known issue with that particular model I didn't think too much of it. Since purchasing the car the vibration is gotten slightly worse and having narrowed the issue down to a failing Dual Mass Flywheel, VW also have diagnosed the fault also as a failing DMF. Th car is just over 4 years old and has done less than 85k miles and has a full service history.

 

When I contacted the RAC to make a claim under the warranty they stated they had no record of ever receiving the application from the garage but did confirm replacement of the DMF would be covered. When approached the dealer refuses to answer my emails directly and will only communicate through his solicitor who keeps dodging the question.

 

Consumer Direct have contacted the dealer but he denies the warranty was ever included as part of the sale even thou I have a copy of the paperwork!

 

If I replace the DMF/Clutch myself the kit will set me back c£400 or c£900 if replaced by a garage so it's not exactly loose change that we are talking about.

 

I am going to send the dealer a LBA demanding that he either submit the warranty paperwork or pay for the cost of the replacement DMF, however I need some guidance on the SOGA and what he has breached.

[rebel11]

Hi stroke

 

There are some useful templates on the Consumer Direct website

 

http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/SGAknowyourrights/

 

http://www.consumerdirect.gov.uk/after_you_buy/making-complaint/template-letters/

 

You can amend the template as appropriate.

[stroke a badger]

Rebel11,

 

Many thanks. For some reason I completely overlooked them.

[stroke a badger]

Well It looks like i'm going to have to go legal as the dealer is not playing ball.

 

Since purchasing the car it has developed a judder when selecting first gear which has been diagnosed as a failing Dual Mass Flywheel and is going to cost £700 - £800 to replace. The dealer is refusing to submit the warranty paperwork to the third party who provide the warranty meaning I will have to pay for the work myself then claim it back through the small claims court. This is less than ideal but the dealer is is refusing discuss the issue and refers me to his solicitor who avoids the question.

[Surfer01]

Was the warranty part of the deal i.e. car came with 3 month warranty or an item paid for seperately?

[stroke a badger]

The warranty was provided FOC by the dealer as part of the purchase. I have a copy of the warranty application form which was given to me at the time of purchase. The form has been signed and stampted by the dealer.

[stroke a badger]

Despite my repeated requests to the dealer to submit the warranty application paperwork to enable me to submit a warranty claim he has not. The only option available to me is to commence litigation, not a path i want to go down but i have exhausted all other options.

 

I am working on my POC and have a couple of questions.

 

1 - Is the defendant the Garage owner trading as the Garage name

2 - What, if any sections of the SOGA can i make reference to.

 

I have a draft copy of POC but it feels a little light, if that makes sense!

[MARTIN3030]

Reported post acknowledged.

How did you pay for the vehicle ?

Have you sent them a LBA ?

You are correct to say that this is a known problem on some models and is not cheap to rectify.

Will come back to you here,

[stroke a badger]

Hi Martin,

 

Thanks for your reply, it is very much appreciated.

 

In answer to your questions. Most of the purchase price was paid in cash and the remaining balance (just over £1,000) was settled using a debit card. I sent the dealer LBA to both the garage and his home residence, the latter has since been returned as he refused to sign for it. The LBA sent to the garage has been signed for.

[MARTIN3030]

Good.

Can you send me a copy of yoor POCS so far ?

Either by pm or via report to site team.

I also have a feeling that there may be a breach here under CPUT 2008.

This is based on the fact that you would have been influenced in your decision to purchase because of this warranty being offered.

Had you known that the warranty would not be honoured then you would not (or it could be said you would have had very good reason not) to proceed with the purchase.

[Surfer01]

You need to notify TS also as the car has been misdescribed to you as having the warranty induced you to part with your cash and buy it. This is a criminal offence and if TS win then you can claim plus compensation.

[stroke a badger]

Hi Martin/Surfer,

 

This post will explain some to the background behind and ultimately the reason why the garage is withholding the paperwork for the warranty. As far as i am concerned, the purchase included 3 months mechanical cover provided by the RAC, this should have been honoured even if an error had been made.

http://www.consumeractiongroup.co.uk/forum/showthread.php?281446-Mistake-made-by-a-dealer-Paid-much-less-than-the-asking-price&p=3173389&highlight=#post3173389

 

Martin,

 

I will email you my POC later today when I get home, could you PM me your email address please.

[MARTIN3030]

Yes ok.

Surfer is correct,as regards TS.

It will do no harm to inform them,and will not impede your rights or choice to take a small claims action yourself.

[Surfer01]

TS will take it on if they know that they will win and if they do, it makes your claim a lot easier to win. Regarding the payment for the car, a price was negotiated and agreed. I don't think they will get much mileage out fo that as technically the car is still misdescribed.

[stroke a badger]

Surfer,

 

Consumer Direct have told me they are unable to help any further (Its debatable if they offered any assistance in the first place) and I should commence legal action if i felt i have a strong enough case.

 

What a great help they were!

[MARTIN3030]

Its a lottery-from my exp its down to who you manage to speak to.

Your own Trading Standards should be more approachable.

Will await your mail.

[steven4064]

As to your question about litigation, who do you sue?

 

If the garage is a limited company, you sue the company. If it is someone trading as a sole trader, you sue them by name. If it is a company, you should use their registered address - you can get most information you need from the comapnies house website.

[stroke a badger]

Hi Steven4064,

 

Thanks for clearing that up

[stroke a badger]

Ok, Litigation is my only option here, can I ask a MOD to have a read of my POC.

[MARTIN3030]

Sorry for delays appear to have prob with finding POCS-any chance you can send them via reported post.

[stroke a badger]

Hi Martin.

 

I'll email it to you in a sec.

[MARTIN3030]

sorted-check your pm.

[MARTIN3030]

S.A.B

I dont see any reason why the pocs cannot be posted in the thread,of course removing the defendants name.

But obviously up to you to decide.

You can of course hold fire until the case is settled.

[bazaar]

Just a quick question, what reason did trading standards give you?

I know they dont have powers as such, but maybe they can contact the trader on your behalf for clarification.

It should add to your case in court also. IE, youve tried to reasonably get this sorted out before heading to court

[MARTIN3030]

I dont think he actually spoke or contacted Trading Standards....wasnt it Consumer Direct ?

They will usually tell you to put something in writing to the trader etc etc.

I have never found them to be pro actively sorting things.

Much better to go into your local Trading Standards in person,taking everything for them to copy.