TVR 3 Year Warranties
Discussion
Has anyone made a sucsessful warrenty claim from TVR via a dealer in the last 3 months, ie this year?
I have called TVR to ask for the process of how to make a warranty claim and I am waiting for an answer from them.
I have asked a main dealer but their response is that there is still no mechanism in place for tham to get reimbursed.
Answers on a post card please....
I have called TVR to ask for the process of how to make a warranty claim and I am waiting for an answer from them.
I have asked a main dealer but their response is that there is still no mechanism in place for tham to get reimbursed.
Answers on a post card please....
Tangoed said:
I asked at TVR Power a week ago, and the answer was no. They hadn't been paid for any warranty work carried out, so put a stop on it.
The website claims to be "(c) 2006 TVR Cars Distribution Ltd". There has been a press release on that site which says (I quote) "Current warranties and the supply of parts also remain unaffected.". However you probably don't want to sue TVR Cars Distribution Ltd since they appear to have no assets and no money.
Since the quotes all refer to "TVR" and to, for instance, "David Oxley, TVR's Managing Director", and since David Oxley is a Director of TVR Motors Company Limited (but not of TVR Cars Distribution Limited) then one (or a judge) might reasonably conclude that TVR Motors Company Limited was taking responsibility for the warranty claims. But do they have any assets? Their last published accounts seem to be for the period ended December 2004, which isn't very good...
Hmm. Alternatively you could try going after TVR Management Limited, a recently-formed company (sole Director = David Oxley). That might be the "vehicle" used to buy the assets of BA, but then maybe not?!
Finally you could try going after NS personally. You might be able to argue in court that you relied upon his personal assurance that you would be paid for warranty work, which it could reasonably be argued commits him under English law to underwrite the work.
It would be interesting to throw a few writs around - if somebody wants to back the principle, it wouldn't cost too much money (less than £100 a throw through the small claims court). If nobody contested them then you could try issuing a winding-up order against one or more of the entities, which might make somebody think twice.
Tangoed said:
I asked at TVR Power a week ago, and the answer was no. They hadn't been paid for any warranty work carried out, so put a stop on it.
I had the same response from RG last week.I was told to keep any receipts for parts etc so can be reimbursed when/if the claim mechanism come into place.
Q9. My car is under warranty, but the dealer is not prepared to carry out particular repairs - he says they are not covered. What can I do?
Where a warranty has been provided by a manufacturer, or a third party provider, it is a separate agreement (aside from the agreement between retailer and consumer for the sale of goods) between the manufacturer or third party provider and the consumer. The warranty is usually only enforceable against the manufacturer or third party provider (even though in the case of new car warranties it is usually the retailer network which actually provides the work and parts, the manufacturer or third party provider pays for that work).
The ability to enforce the agreement will depend on whether the party providing the warranty or guarantee is in a position to honour the agreement.
Q10. My car is under warranty but the manufacturer is no longer in a position to honour the warranty agreement. What happens now?
In the event that the manufacturer is no longer in a position to honour the warranty agreement, the retailer is unlikely to be under any obligation to provide any service under that warranty (there would be little or no prospect of that work being paid for by the manufacturer). However, independent of any warranty, consumers still have their normal rights under sale of goods legislation to expect that any goods they buy (including cars) be of satisfactory quality. These rights are enforceable against the retailer, not the manufacturer (see below).
It is important therefore to establish exactly who the warranty agreement is with. For example, second and third year warranties for cars are sometimes referred to as dealer warranties and it may be the case that the dealer or retailer, or a third party warranty provider, has obligations under those agreements, rather than the manufacturer.
If a warranty has been provided by a company which goes into liquidation, and the warranty is not backed by independent insurance, and the company is not in a position to honour the warranty, any claim by the consumer will be considered an unsecured, non-preferential debt (the consumer would need to make their claim known to the liquidators and would join the queue of creditors).
See also our Fact Sheet on MG/Rover Warranty issues
Where a warranty has been provided by a manufacturer, or a third party provider, it is a separate agreement (aside from the agreement between retailer and consumer for the sale of goods) between the manufacturer or third party provider and the consumer. The warranty is usually only enforceable against the manufacturer or third party provider (even though in the case of new car warranties it is usually the retailer network which actually provides the work and parts, the manufacturer or third party provider pays for that work).
The ability to enforce the agreement will depend on whether the party providing the warranty or guarantee is in a position to honour the agreement.
Q10. My car is under warranty but the manufacturer is no longer in a position to honour the warranty agreement. What happens now?
In the event that the manufacturer is no longer in a position to honour the warranty agreement, the retailer is unlikely to be under any obligation to provide any service under that warranty (there would be little or no prospect of that work being paid for by the manufacturer). However, independent of any warranty, consumers still have their normal rights under sale of goods legislation to expect that any goods they buy (including cars) be of satisfactory quality. These rights are enforceable against the retailer, not the manufacturer (see below).
It is important therefore to establish exactly who the warranty agreement is with. For example, second and third year warranties for cars are sometimes referred to as dealer warranties and it may be the case that the dealer or retailer, or a third party warranty provider, has obligations under those agreements, rather than the manufacturer.
If a warranty has been provided by a company which goes into liquidation, and the warranty is not backed by independent insurance, and the company is not in a position to honour the warranty, any claim by the consumer will be considered an unsecured, non-preferential debt (the consumer would need to make their claim known to the liquidators and would join the queue of creditors).
See also our Fact Sheet on MG/Rover Warranty issues
RG did some warranty work recently replacing seals to stop water leaks. They may have done it out of their own pocket so to speak to keep their customers going to them. Nowt wrong with that, I like being looked after. As soon as I can't get warranty work done, I'll be finding the best/cheapest indie to do the servicing which I assume they know.
Bert
Bert
Spoke to a main dealer yesterday. They have not been paid for warranty work for some time and are out of pocket for many thousands. They stated that they are no longer able to undertake warranty work as a result of this. They do expect this to change, but have no indication of when that will be.
skwdenyer said:
Tangoed said:
I asked at TVR Power a week ago, and the answer was no. They hadn't been paid for any warranty work carried out, so put a stop on it.
The website claims to be "(c) 2006 TVR Cars Distribution Ltd". There has been a press release on that site which says (I quote) "Current warranties and the supply of parts also remain unaffected.". However you probably don't want to sue TVR Cars Distribution Ltd since they appear to have no assets and no money.
Since the quotes all refer to "TVR" and to, for instance, "David Oxley, TVR's Managing Director", and since David Oxley is a Director of TVR Motors Company Limited (but not of TVR Cars Distribution Limited) then one (or a judge) might reasonably conclude that TVR Motors Company Limited was taking responsibility for the warranty claims. But do they have any assets? Their last published accounts seem to be for the period ended December 2004, which isn't very good...
Hmm. Alternatively you could try going after TVR Management Limited, a recently-formed company (sole Director = David Oxley). That might be the "vehicle" used to buy the assets of BA, but then maybe not?!
Finally you could try going after NS personally. You might be able to argue in court that you relied upon his personal assurance that you would be paid for warranty work, which it could reasonably be argued commits him under English law to underwrite the work.
It would be interesting to throw a few writs around - if somebody wants to back the principle, it wouldn't cost too much money (less than £100 a throw through the small claims court). If nobody contested them then you could try issuing a winding-up order against one or more of the entities, which might make somebody think twice.
Why not endeavour to sue Oxley direct, whilst it may not stand up 100% some aspects of facts may appear. ?
I wonder how many of us are affected by the 3 Year Factory Warranty. As I understand it TVR did not sell that many cars between 2005 and today - I am told that only 120 Sagarii remain on the road for example - so the number is probably 500 or so? And, of these 500 or so, I suspect that a small percentage bought their cars in 2006 so, most of us have about a Year to go before the Warranty expires anyway.
My guess is that TVR's new Management know this and that they are probably working out what it will cost them to cover the remaining obligation they have to their relatively recent Customers and that they will be making a call on the financial aspects vs the relationship/reputational aspects in order to decide what to do if they don't honour their obligations to these 500 or so owners.
I'll be buying a TVR Approved Auto Protect Warranty for my Sag (once my friendly dealer has managed to match the paint colour - here's hoping) and, reluctantly, swallowing the 14-Large associated with it. After all, from what I understand, it's better than the original Factory Warranty anyway. I fear that, for the 500 currently affected owners, this will all be forgotten in 12 month's time and that the Warranty we all believe we are protected by is an ex-Parrot.
My guess is that TVR's new Management know this and that they are probably working out what it will cost them to cover the remaining obligation they have to their relatively recent Customers and that they will be making a call on the financial aspects vs the relationship/reputational aspects in order to decide what to do if they don't honour their obligations to these 500 or so owners.
I'll be buying a TVR Approved Auto Protect Warranty for my Sag (once my friendly dealer has managed to match the paint colour - here's hoping) and, reluctantly, swallowing the 14-Large associated with it. After all, from what I understand, it's better than the original Factory Warranty anyway. I fear that, for the 500 currently affected owners, this will all be forgotten in 12 month's time and that the Warranty we all believe we are protected by is an ex-Parrot.
TOV!E said:
jellison said:
hahahahahahahaha
Someone said 3 year waranty.................
Someone said 3 year waranty.................
Thats not nice is it, i hope the same does not happen to you one day.
Yes I have.
And guys. If you are the original owner of a car with a 3 yr warranty then I would suggest that you have a contract with the supplying dealer for the purchase of a motor vehicle to include various items including a 3 year warranty. Your contract is with the dealer, not TVR so you should look to the dealer to make good any claims under the warranty that he sold you.
And guys. If you are the original owner of a car with a 3 yr warranty then I would suggest that you have a contract with the supplying dealer for the purchase of a motor vehicle to include various items including a 3 year warranty. Your contract is with the dealer, not TVR so you should look to the dealer to make good any claims under the warranty that he sold you.
unrepentant said:
Yes I have.
And guys. If you are the original owner of a car with a 3 yr warranty then I would suggest that you have a contract with the supplying dealer for the purchase of a motor vehicle to include various items including a 3 year warranty. Your contract is with the dealer, not TVR so you should look to the dealer to make good any claims under the warranty that he sold you.
And guys. If you are the original owner of a car with a 3 yr warranty then I would suggest that you have a contract with the supplying dealer for the purchase of a motor vehicle to include various items including a 3 year warranty. Your contract is with the dealer, not TVR so you should look to the dealer to make good any claims under the warranty that he sold you.
Unless they have gone to the wall.... as they have in my case.
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