No Response from Dealer

[km101]

I recently purchased a 2004 Mercedes Benz S-Class 3.2Td S320 CDI from the dealer Auction price cars along with an AMA(Autoprotect administration) Gold warranty. There was some problem with navigation system at the time of purchase and the dealer promised that he will fix that issue using the warranty which he provided.

I was asked to come after 3 or 4 weeks time and after that there was no response from the dealer for 2 months. later on i came to know that the dealer sold his business.

Now I am facing serious problems with my car, displaying engine problems on the dashboard. I ranged to my warranty company and explained the issues I am facing with the car and asked them to fix by using my warranty, but now auto protect warranty company says that they cannot process my claim as my dealer has sold his business, so they cannot process my claim and said that my warranty is invalid.

 

I have paid for the warranty and it is valid until 08/02/2013 and I have the warranty document.

 

Even I have dropped several mails and text messages to my dealer, but he never responded to my emails.

I have spoke to my dealer several times, he said he will fix that but I don't have any written confirmation.

 

Now I don't know what to do, please help on this.

 

Thanks in advance

 

 

Regards

Krishna

[sailor sam]

Ok lets re-wind a bit. When you say the dealer has sold 'his business' do you mean that it has closed down or it has been taken over by someone else? Has the seller opened up somewhere else? Also, when did you actually buy the car?

 

As for the warranty, what they have told you is complete rubbish. It matters not that the seller's business has either been sold or closed down. The warranty is an insurance policy and can be used at any other garage which deals with the same company. if they stick to their guns, you should report them to trading standards as you have paid for something that you are not getting.

[km101]

Hi Sam,

Thanks for quick reply.

The business has been sold to some x party, who don't have any connections with existing business queries. I went to the x party and explained the same but they are not ready to listen at all. All they say is we don't have anything to do with the past.

I bought my car in last week of may 2012. Initially I was given 6 months warranty from may 2012 to nov 2012, after 3 months the dealer came back and said that, the issued warranty was not registered properly and again they issued another one from aug 2012 to feb 2012.

 

I don't know the procedure how to report to trending standards. Is there any application form online?

 

Thanks & Regards

Krishna

[sailor sam]

If the dealership was bought as a going concern then I think that the new owners become responsible for any issues you have which are on-going. I would check with TS on this but you need to go through CAB to get to them.

[km101]

The new owner is saying that this is a new business and also said that they are changing the name of the company as well.

Today again I called the warrant people, they said that my warranty is with auction price cars not directly with auto protect and we tradein on behalf auction price cars it's like administration.

 

What is CAB process and how I should start?

 

Thanks & Regards

Krishna

[sailor sam]

http://www.adviceguide.org.uk/england/your_world/consumer_affairs/cars_buying_a_secondhand_car_e.htm#you_bought_the_vehicle_from_a_dealer

 

Take a look on the above link and contact them by phone. Explain the situation and they will advise you. Come back and keep us posted.

 

I'm not sure the dealer can simply walk away from their responsibilities by selling the business to someone else. Also, I think the warranty co are fobbing you off.

[heliosuk]

It depends on the way the the sale of the business was conducted. It might have been sold as a going concern but this does not mean the terms of the contract included current liabilities. It might just have been stock as valued. I think you will have a very hard job on this one and should concentrate on the warranty insurance policy alone.

 

Doe's the so called policy limit you the particular dealer you brought it off for repairs?

[km101]

Hi Sam,

As you said I spoke with CAB and explained everything about my case, they have taken all my paperwork photocopies and gave me an appointment on Dec 18, meanwhile they asked me to contact trading standards and legal advice team for second opinion to process my case quicker.

I have spoke to trading standards team and explained the same, they said they will come back in 3 days time ( waiting for response from TS)

 

I have spoken to legal advice team, but it didn't help much . They asked me to go ahead with CAB process

 

Thanks & Regards

Krishna

[Spirittamer]

Correct. The warranty is a contract with the warranty company not the seller/dealer.

[Spirittamer]

Ok lets re-wind a bit. When you say the dealer has sold 'his business' do you mean that it has closed down or it has been taken over by someone else? Has the seller opened up somewhere else? Also, when did you actually buy the car?

 

As for the warranty, what they have told you is complete rubbish. It matters not that the seller's business has either been sold or closed down. The warranty is an insurance policy and can be used at any other garage which deals with the same company. if they stick to their guns, you should report them to trading standards as you have paid for something that you are not getting.

 

The contract is with Warranty Company not the dealer.

[sailor sam]

The contract is with Warranty Company not the dealer.

 

What contract are you talking about? If it's the actual purchase of the car, then you are wrong.

[Spirittamer]

What contract are you talking about? If it's the actual purchase of the car, then you are wrong.

 

The warranty is a contract with the company supplying the warranty not the dealer who would of course furnish the repairs under the warranty and then claim back the costs from the warranty issuing company. The fact the dealer no longer exists doesn't change the contract of the warranty with the issuing company.

[sailor sam]

The warranty is a contract with the company supplying the warranty not the dealer who would of course furnish the repairs under the warranty and then claim back the costs from the warranty issuing company. The fact the dealer no longer exists doesn't change the contract of the warranty with the issuing company.

 

Do you actually know what you are talking about??

 

The OP states the dealer 'provided the warranty' which in fact, is an insurance policy making the dealer the 'broker'. The only part of your post that almost makes sense is the bit I have highlighted. Yes, the warranty should still be valid even if the dealer 'no longer exists'.

 

Having said all that, just because the ownership of the dealer has changed hands, dosn't necessarily mean that the OP has lost his statutory rights under the SOGA which is why I advised the OP to speak to Trading Standards via the link I provided earlier.

[Spirittamer]

Do you actually know what you are talking about??

 

The OP states the dealer 'provided the warranty' which in fact, is an insurance policy making the dealer the 'broker'. The only part of your post that almost makes sense is the bit I have highlighted. Yes, the warranty should still be valid even if the dealer 'no longer exists'.

 

Having said all that, just because the ownership of the dealer has changed hands, dosn't necessarily mean that the OP has lost his statutory rights under the SOGA which is why I advised the OP to speak to Trading Standards via the link I provided earlier.

 

I thought this forum was for persons to offer advice and insight, not to dis*

Your reply starts by questioning (Do you actually know what you are talking about??)

But then ends with totally agreeing (The OP states the dealer 'provided the warranty' which in fact, is an insurance policy making the dealer the 'broker'. The only part of your post that almost makes sense is the bit I have highlighted. Yes, the warranty should still be valid even if the dealer 'no longer exists'. ) which is what I was originally doing to your post, reinforcing your reply.

[sailor sam]

I thought this forum was for persons to offer advice and insight, not to dis*

Your reply starts by questioning (Do you actually know what you are talking about??)

But then ends with totally agreeing (The OP states the dealer 'provided the warranty' which in fact, is an insurance policy making the dealer the 'broker'. The only part of your post that almost makes sense is the bit I have highlighted. Yes, the warranty should still be valid even if the dealer 'no longer exists'. ) which is what I was originally doing to your post, reinforcing your reply.

 

No my friend, partially agreeing. You were going on about 'the company supplying the warranty, not the dealer' and the 'contract is with the warranty company, not the dealer' which simply didn't make any sense. Any warranty 'supplied' by a dealer is an extension of a consumer's statutory rights and as such does not reduce or remove them. So the OP still could have the SOGA to rely on, even if the dealer has changed hands. But he would need professional advice on that.

 

As you correctly say though is that the warranty cannot refuse to honor a claim just because the dealer which supplied it has changed hands. Sorry if you thought I was shooting you down in flame one minute and completely agreeing the next. But it is important we try not to cause confusion for the OP.

[km101]

Hi Sam & spirit tamer,

Thanks for all of your advices.

Let me clear you on the above discussions. Auction price cars ltd is owned by a dealer, who provided me an warranty insurance with Auto protect (http://www.autoprotect.net) for 6 months.

The update from the previous post:

Trading standard has comeback and said that they couldn't find the address and also asked few questions about how I have paid the payments.

If it is with a credit card, using rule 75 possibility to claim by credit card company.

After that I have forwarded the right address and the website details to the trading standard and they said they will come back on that.

 

Last Tuesday 18th I have attended the appointement with CAB, I have explained clearly about what has happened.

CAB has send an Letter Before Actiont letter to Auction Price Cars Ltd asking to act within 14 days, if not legal action will be taken.

 

Thanks & Regards

Krishna

[sailor sam]

Good. Please keep us posted as this situation may help others where the seller has sold on his business to someone else.