Service Plan can't be used

[Ithans]

Hi there,

 

There may be nothing that can be done regarding my issue but I'd just like to find out what other people think, thanks in advance for any help. 

 

We have one service and one MOT remaining on a service plan we purchased with a car around 2 years ago. We did not foresee that we would be completely relocating (still within the UK) and the nearest garage is probably a 240+ mile round trip from us.

 

The retailer has informed us that the terms we agreed to are non transferable and non refundable but haven't provided a copy that we have signed despite repeated requests.

 

It would seem that legally they are probably covered and don't have to do anything. Is it worth pursuing a request for the work to be contracted out or return of half of the money?

 

I didn't know we had agreed to those terms. There should be no loss to them to return half of the payment since we haven't used the service so it kind of seems unreasonable even if it's legal. 

 

This is not the first  vehicle purchased with them, we just hoped for more understanding ( though I know it is a money-making business). I just feel a little conned as to attend a garage so far away with two very young children is not financially plausible. 

 

Should I just drop it? Or try to keep asking for the signed copy to check that we actually did agree to it. Also they seem to be refusing to get a supervisor to review my query.

 

It feels a little like a con because surely quite a large portion of people can't fully use the plan due to unforeseen circumstances. I'm probably a little more annoyed as we had trouble with the car too immediate after purchase.

 

Thanks in advance

 

 

[AndyOrch]

Hi and Welcome to CAG

 

Who is your service plan with ?  

 

I have just checked the details of mine with Emac and although its not transferable it is cancellable  with refund  on either payment option monthly or payment in full....less any cancellation fee. 

 

Andy 

[Ithans]

46 minutes ago, Andyorch said:

Hi and Welcome to CAG

 

Who is your service plan with ?  

 

I have just checked the details of mine with Emac and although its not transferable it is cancellable  with refund  on either payment option monthly or payment in full....less any cancellation fee. 

 

Andy 

It's with Arnold Clark.

 

They have finally provided a signed copy. It seems there is a numerical error within the contract  (stating the start and expiration mileage are identical which they have admitted as an error) however it does stated non transferable and non refundable. 

 

They have also just said ' this will be our final response on the matter' I've never experienced that before from customer services!

[AndyOrch]

Yes mine is with the main dealer but its usually financed by a third party ..in my case EMac...check the small print of your policy ?

 

Did you pay in full or by monthly premium ?

[Ithans]

3 hours ago, Andyorch said:

Yes mine is with the main dealer but its usually financed by a third party ..in my case EMac...check the small print of your policy ?

 

Did you pay in full or by monthly premium ?

Monthly with a third party, so I don't think it's worth pursuing anymore. Just annoying paying for something we won't get.

 

I can't believe they said 'this will be our final response' after admitting their contractual error regarding the mileage.  The only reason it took so many emails is because they didn't answer the query or send the right document repeatedly. 

 

 

 

 

[AndyOrch]

Speak to third party FInance...you want to cancel and want 1 months refund.....its theft if they refuse....you cant be the first to have to relocate and Im sure there are other branches of AC nationwide.

[Ithans]

35 minutes ago, Andyorch said:

Speak to third party FInance...you want to cancel and want 1 months refund.....its theft if they refuse....you cant be the first to have to relocate and Im sure there are other branches of AC nationwide.

Thanks,

 

Could I please ask what the one month refund is based on? 

 

Do you not think the finance company will insist the purchase was with AC and refuse to do anything?

 

Imagine the amount of people who swap cars or move abroad or far from a garage just like me.  I just don't think a 240 mile roundtrip is reasonable to get the work done and I always kinda viewed them as a national company didn't think I'd be so far from a garage. They must be raking it in on that basis alone.

 

 

[BazzaS]

52 minutes ago, Andyorch said:

.....its theft if they refuse...

 

 

It isn’t theft.

All they have to do is claim a contractual dispute, and there is no ‘dishonest intent to permanently deprive’ ‘beyond all reasonable doubt’.

 

They can also claim that no matter how inconvenient it would now be to take it to them for the service, they are still offering it!

 

It will also depend on the phrasing of the contract.

Cutter v Powell [1795] EWHC KB J13

may apply.

 

http://www.e-lawresources.co.uk/Cutter-v-Powell.php

 

It depends if the contract phrases it as “per service”, “all or nothing” or is silent as to this....

Edited September 13, 2019 by BazzaS

[Ithans]

5 minutes ago, BazzaS said:

 

It isn’t theft.

All they have to do is claim a contractual dispute, and there is no ‘dishonest intent to permanently deprive’ ‘beyond all reasonable doubt’.

 

They can also claim that no matter how inconvenient it would now be to take it to them for the service, they are still offering it!

 

It will also depend on the phrasing of the contract.

Cutter v Powell [1795] EWHC KB J13

may apply.

 

http://www.e-lawresources.co.uk/Cutter-v-Powell.php

 

That's fair enough, you're right they are still offering it. 

 

I guess maybe I'm just being old fashioned and hoping for them to just let us discontinue paying for something (for another 2 years) that we can't reasonably access without great expense. 

 

They have admitted the administration error in the contract and told me they won't respond to me anymore. I've never experienced that from a customer services department before so I'll definitely go elsewhere for the next vehicle (and avoid the service plan!).

 

 

[AndyOrch]

Check your cancellation rights within the agreement and its consequences...this works very similar to car insurance when you take out finance to cover the premium...they pay the dealer the lump sum for the contract and you are indebted then to the third party...via monthly payments.

 

You are speaking to the third party ...not Arnold Clark ?

 

Simply google EMaC the one I use and see their cancellation and refunds policy...it may not be applicable if your paying monthly..you will have to check.