Jump to content
  • Tweets

  • Posts

    • OK.  It is highly likely that you will get your money back and the recording will have helped you.   The way that Hermes work on these cases is that they normally try to stall you and to test your resolve.   If it goes the normal way, they will file an acknowledgment of service within the 14 day limit and that will then buy them a further 14 days. Towards the end of the 14 days they will then file their  defence. At that point you will have to make a decision whether or not to pay your further fee in order to go on to have a hearing. For the value you are claiming the fee will be about £80 although you need to check the county court website to be sure.   In their defence, Hermes will have indicated that they are prepared to go to mediation. Please read up what we have to say about mediation. Hermes will treat this as an opportunity to try and beat you down and to reduce the amount that they have to pay you. as long as you stand by your guns, they will eventually back down and they will pay you your entire claim including the fees in order to avoid going to to a hearing.   It is in respect of the mediation  the recording that you have will be helpful. Let me say that Trading Standards are wrong because in terms of establishing any legal right to the money, the recording is not relevant although it might sway a judge in your favour.   The real issues here are that you entrusted Hermes with your property for a fee and they breached the contract by their negligence and damaged it.   Frankly you didn't need to insure it because customers shouldn't need to insure against the supplier's negligence - but you did get insurance and that will place extra pressure o Hermes to settle for the full amount.   The other element which concerns me is that Hermes now take it upon themselves apparently to destroy other people's property when they themselves have damaged it through their own negligence. I don't think that they have the right to do this and it is very easy for them to try and avoid liability of losing something by then saying that it was damaged and so they destroyed ir - and without presenting any evidence of the damage or of the  destroying of the item.   Hermes are disreputable and people should avoid them.   Please read up on the Hermes threads and about small claims in the County Court and about mediation. We will be happy to help you all the way but I would point out to you that you have made 17 posts and taen up a considerable amount of useful time simply trying to get you to tell us the story and to post up some important documents. It was all so unnecessary.   I have read your claim form but it has now been hidden in order to protect you as you had left your personal details on it.   I suggest that you redact documents in the future.   Feel free to ask questions as you go along.   By the way, the 14 day period runs fro the date of deemed service of the claim which is about   2 days from the date of issue.   You issued on the 27th.  So count 14 from the 30th.  Monitor the Moneyclaim site closely and apply for judgment the moment it lets you. You never know, there is a remote chance that they may nor file an AOS - very remote.   There is also a remote chance that they may pay you out in order to get you to withdraw the claim.  The recording may have helped if they do.   Keep us updated
    • to prove I actually sold the car. I have resolved to go to court and the SAR shows all the notes on the account. The fraud department flagged this and despite all entreaties, they refused to release the money. The buyer has send across a screenshot of his bank statement and I have the sales receipt showing I sold the car. I have also asked DVLA for confirmation.    Do you know which legislation I can rely on please and which forms to use as I think I have all I need to show proof of legitimacy i.e.   1. Sales receipt (Issued by me to buyer) 2. Bank statement Screenshot (showing payment) and letter from buyer confirming they purchased the car. 3. Letters to CEO and their responses 4. SAR 5. Cover Note.    it has passed 80 days now and I believe if the NCA is involved it should show up in the SAR, in any event I don't mind engaging relevant authorities and showing the proof and transaction history.    thanks B-Bunch
    • Reading BN's man Richard North this morning, he's unimpressed with the new FTA with Japan.   https://www.turbulenttimes.co.uk/news/brexit/brexit-a-deal-we-can-do-without/
    • Read up on European Enforcement Orders and whether these can still be used in Brexit transition.   As you have come to realise buying online with a co.uk company can be risky, if they are foreign, with only a care of registered address in the UK.    
    • No at the time it was taken out my credit rating would’ve been fine. This card was my first credit card and I wouldn’t have had any loans at the time. It’s only really from this time onwards where things spiralled.   Also I noticed my old address was used at the time I took this out. Not sure if this has any relevance but I recall you asked this earlier in the thread. 
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
      We had a 10yr  finance contract for a boiler fitted July 2015.
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
      You only have to look at TrustPilot to get an idea of what this company is like.
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

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

Please note that this topic has not had any new posts for the last 2091 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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?

Link to post
Share on other sites




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.

please don't hit Quote...just type we know what we said earlier..


DCA's view debtors as suckers, marks and mugs


NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..


If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 



Link to post
Share on other sites

please don't hit Quote...just type we know what we said earlier..


DCA's view debtors as suckers, marks and mugs


NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..


If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 



Link to post
Share on other sites

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





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



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?

Link to post
Share on other sites

were you told the warrantee was compulsory ?


please don't hit Quote...just type we know what we said earlier..


DCA's view debtors as suckers, marks and mugs


NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..


If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 



Link to post
Share on other sites

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.




please don't hit Quote...just type we know what we said earlier..


DCA's view debtors as suckers, marks and mugs


NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..


If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 



Link to post
Share on other sites
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


Link to post
Share on other sites

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







Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...