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Evans Halshaw extended warranty...**Refunded**


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I'm sorry if I've posted this in the wrong section, could a mod please move it to where it's more relevant please?

 

I bought a renault scenic from a even halshaw dealers in feb this year and I took out the service package of 2 mot's and 2 services a long with the extended warranty. I recently traded my car back to evans halshaw and have a new car, the terms and conditions say it's none transferable or refundable.

 

Any help appreciated on how to proceed? It seems a little unfair as I never used the service package and the car was still under manufacturers warranty.

Edited by Rlp
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Do you believe you were given the relevant information at th time to allow you to make an informed decisio when taking out the warranty? If not you can claim that it is an unfair term of the contract which makes it unenforceable and you would be due you money back.

How much was the service package and warranty? It certainly wont have kicked in yet as the SoGA would cover you for 6 months at least.

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Do you believe you were given the relevant information at th time to allow you to make an informed decisio when taking out the warranty? If not you can claim that it is an unfair term of the contract which makes it unenforceable and you would be due you money back.

How much was the service package and warranty? It certainly wont have kicked in yet as the SoGA would cover you for 6 months at least.

No, most of the information was posted to me after i'd already paid for the warranty.

I think both of them together came to around 600-700 pounds.

The extended warranty was originally running along side my manufacturers warranty until I pointed it out and it was changed.

I don't see how they can refuse to refund me anything when I have technically received nothing from them.

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The extended warranty is just an insurance policy. The underwriter looks at the specific vehicle and the likelihood of a claim and its likely cost. For example, to repair a broken road spring on a scenic would be much more than to repair an air suspension fault on a discovery.

 

Like most insurance policies they are not transferable.

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The extended warranty is just an insurance policy. The underwriter looks at the specific vehicle and the likelihood of a claim and its likely cost. For example, to repair a broken road spring on a scenic would be much more than to repair an air suspension fault on a discovery.

 

Like most insurance policies they are not transferable.

Thank you for your post, I know it's none transferable and also none refundable! I just don't think it's right they actually keep my money without me actually receiving anything.

 

I was looking at the

Guidance for the Unfair Terms in Consumer Contracts

Regulations 1999

 

in group 4, page 38

 

4.1 Terms are always likely to be considered unfair if they exclude the

consumer's rights under contract law to the advantage of the supplier. A

basic right of this kind is to receive a refund of prepayments made under a

contract which does not go ahead, or which ends before any significant

benefit is enjoyed. In certain circumstances consumers are entitled to a

refund even where they themselves bring the contract to an end.

 

Where customers cancel without any such justification, and the supplier

suffers loss as a result, they cannot expect a full refund of all

prepayments17. But a term under which they always lose everything they

have paid in advance, regardless of the amount of any costs and losses

caused by the cancellation, is at clear risk of being considered an unfair

penalty – see Group 5.

 

Would anyone say these class as unfair terms? I have had no mot or services under the package and the warranty didn't start till next year, so under my assumption my situation would class as unfair terms.

 

Anyone else have a opinion or gone through this?

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  • 1 month later...
As noted above, this is insurance and although you didn't claim, the company was at risk.

I fail to see how they were at risk when the policy doesn't start until next year?

Originally the car was under manufacturers warranty and is until next june, the extended warranty will then start.

Th

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Like most insurance policies they are not transferable.

 

 

I think we have a different kettle of fish here.

 

 

Write to them and 'tell' them you mis-sold the warranty and you want a full refund of the premium paid. Give them a time by which to do this, say 14 days, and say that failure to do a refund by this time will result in a court claim.

 

 

Don't threaten court unless you will go ahead with it. It will cost around £50 which you get back when you win. You can also add a statutory 8% interest from the day you paid.

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It would have been helpful if you had said that in your original post.

Sorry, I meant to put it in my first post, I rushed the post a little and forgot.

 

I think we have a different kettle of fish here.

 

 

Write to them and 'tell' them you were mis-sold the warranty and you want a full refund of the premium paid. Give them a time by which to do this, say 14 days, and say that failure to do a refund by this time will result in a court claim.

 

 

Don't threaten court unless you will go ahead with it. It will cost around £50 which you get back when you win. You can also add a statutory 8% interest from the day you paid.

 

I have already complained and offered them the chance to refund me, I even offered them the chance to refund me less than I paid.

All I received back from them was a phone call telling me about their terms and conditions.

I have forwarded the case on to the financial ombudsman.

 

I may have to take them to court to get the money back from the service pack though unless they are willing to come to some sort of arrangement.

 

Thank you for your posts and advice.

Edited by Conniff
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Then point them to the Unfair Terms in Consumer Contracts Regulations 1999 and only correspond by letter and make it recorded delivery. Pop into your local newsagent and get some brown envelopes, they look more official.

 

 

You must give them a deadline by which to refund or they will just keep you going round and round in circles.

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Then point them to the Unfair Terms in Consumer Contracts Regulations 1999 and only correspond by letter and make it recorded delivery. Pop into your local newsagent and get some brown envelopes, they look more official.

 

 

You must give them a deadline by which to refund or they will just keep you going round and round in circles.

 

Thank you again for your reply, I have emailed the CEO with my official complaint and I gave them a deadline to refund me.

All I got was a phone call from the dealers that sold me the product telling me to read the terms and conditions as it was non refundable and non transferable.

 

I have passed my complaint on to the financial ombudsman, is it worth me waiting for that or issuing court proceedings?

 

Thanks again for the advice.

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He will know you have gone to FOS when he get a bill for £550, the consumer pays nothing. Hang on a bit more in that case but not too long.

 

I didn't know they get a bill from the fos.

 

The fos cannot help me with the with the service package, 2 services and 2 mot's of which I have used zero, how would you think would be best to deal with this?

I was thinking maybe wait until the fos ruling and then try and get that refunded or worse case it taken off my next car service, what would you recommend?

 

Thanks again.

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  • 6 months later...

I would like to say I got a full refund on these,

 

 

Evan halshaw originally got the date incorrect on the extended warranty and sent out a second copy which I obviously hadn't signed.

 

They never admitted it but they gave me a full refund due to their error.

 

Thanks for all the help everyone.

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They must have had some comms from the fos and that told them you were serious. Well done for keeping on with it. Keep in mind, that you can never have your statutory rights taken away from you, you can't even sign them away.

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