How to cancel my extended warranty after voluntary termination of my car?

[dipobrazil]

I have searched online for help but not much to go by.

 

My story:

I bought a car from carcraft 3 years ago via hire purchase and

they also sold me their drive happy extended warranty for 5 years, the period of the hire purchase .

 

The warranty was on a second finance payment by their all in one finance. And I have been faithfully paying.

I have had to make a couple of claims as the car kept having issues, which they repaired.

 

So I decided to Voluntarily terminate the hire purchase, which went through smoothly. But

Carcraft drive happy keeps taking payments.

 

 

I have contacted carcraft to cancel the extended warranty and issue a refund for the remaining unused time and they say it is uncancellable.

 

I stated to the carcraft that I had checked the contract agreement and there was no indication that after the initial 30days

the contract could not be cancelled if the vehicle was not in my possession.

 

 

The rep said oh...it was in their booklet.

but I never signed the booklet

...should this not be in the contract

...like every other contract out there.

 

 

Even the hire purchase contract had clear termination clauses on the contract,

why then could the carcraft warranty contract not have clear termination clauses,

why did they have to hide it in the booklet

..a booklet which I was not even given when i signed up.

 

the carcraft rep bfobbed me off ,

saying I have to pay for the warranty even though the car is not with me any longer .

 

am seeking advice on how to get a refund on the remaining value of the warranty.

 

I am ready to go to small claims court on this, but I need help on what legal argument I can state in my petition.

 

Can anyone help please?

[dx100uk]

what?

 

 

the agreement is terminated

the warranty was on the agreement

is should have stopped the day the VT came into force as that as such cancelled the agreement.

 

 

I've asked linzi our rep to pop in.

[dipobrazil]

There were 2 contracts on the car...one with blackhorse which I have VT ed on

and the other contract was with All in one finance ...which has the extended warranty drive happy stuff, am trying to cancel.

[dx100uk]

http://www.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=All+in+one+finance+&sa=Search+CAG#gsc.tab=0&gsc.q=All%20in%20one%20finance&gsc.page=1

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?381664-Car-Craft-Waranty-Loan-**RESOLVED**

[dipobrazil]

Reading through all the google search result...I am not sure what sure fire way to approach this.

 

Can the second personal loan be argued as missold in court .

..because I was only told about the black horse one...

..it seems it is regular practice by carcraft to just add the extra money's using their own inhouse finance firm.

 

is the fact that the contract for the second loan not saying anything about cancelling the guarantee

and only just mentions the cost for the guarantee...not enough to show the contract as void .

 

I read up a bit about this

and am thinking of standing on this

for unfair terms on the contract not providing for cancellation allo

 

 

http://www.legislation.gov.uk/uksi/1999/2083/regulation/5/made

 

For guarantees ...am looking at this EU legislation on goods for 2 year period.

..the goods was definitely defective in the 2 years,

several times,

which makes the supposed guarantee not necessary and mis sold as I have the EU 2 year period to stand on....see here

http://www.legislation.gov.uk/uksi/1999/2083/regulation/5/made

 

Also looking at the sale of goods act ...which states

"It must be as described. It must be of satisfactory quality, sufficiently durable, free from any defects,)

The goods were definitely not any of the above.

 

With regards to the refusal to cancel by carcraft..

 

 

.assuming that this is a guarantee as stated in the contract or extended warrantee .

..am looking to dispute the refusal for me to cancel now,

with The Supply of Extended Warranties on Domestic Electrical Goods Order 2005

 

which states in section 8(b) (b)subject to paragraph (2),

the consumer is permitted to terminate the extended warranty, by notice,

at any time after the expiration of the period referred to in paragraph (1)(a),

regardless of whether a valid claim has been made under the extended warranty,

and is permitted to obtain a pro rata refund of the price paid; and

 

(4) The pro rata refund referred to in paragraph (1)(b) shall be calculated by reference to the remaining period of full unexpired months

of cover provided by the extended warranty.

 

Note the car can be argued to be electrical goods ,as most of the issue i had on the car were electrical , the onus is on the seller to dispute that.

 

I am thinking of sending a letter quoting this laws and giving carcraft a chance to sort it out

and after the statuary 30days or 40days if the don't sort it correctly, proceed to small claims court.

 

 

Where I can probably now argue that the warrantee was actually illegal and should be refunded in full

instead of pro rate as the goods were defective within the 2 year EU allowance period etc.

 

What do you guys think?

[dx100uk]

were you told the warrantee was compulsory ?

dx

[dipobrazil]

Yes ...they said if i did not get warrantee , I would not get the loan as the guarantee would make sure the car

remains sellable for the finance company.

[dx100uk]

then its mis-sold

 

 

sadly the advisor prob got commission to.

 

 

there appears to me to be far too many examples of people saying this about carcraft.

 

 

dx

[Guest Carcraft Customer Service Manager]

Dear OP,

 

We have looked into this for you and I will answer each of your points below:

 

The extended guarantee which you purchased required you to sign a Drive Happy Certificate (which you did), within this form it states:

 

"All cancellation requests must be put in writing and directed to Customer services Dept, Carcraft, Nixon Street, Rochdale, OL113JW within 30 days of purchase" - this is also stated on page 14 clause 20 of your Guarantee Booklet

 

It also states:

 

"The Drive Happy Guarantee Package is not a condition of your finance application, If you want to purchase an Extended Drive Happy Guarantee Package but you are not able to pay for it in full, you will be required to enter into a credit agreement to facilitate the purchase, interest may be added to the agreement"

 

You have also had 2 valid claims on the extended guarantee - which were paid for by the Guarantee department.

 

Your agreement with All in One Finance which you took out to facilitate the purchase of the extended guarantee also incorporated vehicle amount. This was to assist you in purchasing the car you wanted at the time of sale. You claim in your post at 00.30 that ‘if you did not get the warrantee, you would not get the loan as the guarantee would make sure the car remains sellable for the finance company’ but it was to assist you buying the car you wanted as Blackhorse would only lend a certain amount.

 

As your 1st Agreement was HP - you can and have voluntary terminated the agreement. As your secondary loan agreement is a fixed sum loan agreement, you cannot terminate the agreement.

 

You have also requested a refund; however, you would not be entitled to a refund of the remainder of the guarantee as this has not yet been paid due to it being a finance agreement.

 

I would also like to point out that you signed the consumer credit documentation checklist and compliance confirmation form which clearly states both agreements; also the pre contract credit information with both Finance companies, the one with All In One Finance clearly shows that this is facilitating both vehicle amount and the extended guarantee.

 

I would also like to clarify that the Drive Happy Guarantee is not a ‘Warranty’ and/or insurance product.

 

If you would like customer services to call you to discuss this further, they will happily do so.

 

Many thanks

Linzi

[theoldrouge]

lets see both the agreements (hp and loan) and t&cs

[Conniff]

I don't think we are hearing the full story here.