An unpaid warranty

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Discussion

Mopey

Original Poster:

2,396 posts

155 months

Thursday 4th February 2016
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Hello, I have never experienced anything like this, so this could be a complete novice question.. but here is the story

Just after a little advice on my present situation. I bought a car from a recognised dealer (used car) early January, part of this was a six month warranty all wrapped up in the price.

Then 29th january I receive a letter from the warranty provider that the garage had gone through saying that my dealer failed to pay so my six month warranty is cancelled.

So I follow this up to discover that the company I bought the car off have gone into administration, I have chatted now to the administrators who have lodged me as a creditor for the money that a warranty would cost. Though they said I am highly unlikely to get all my money back.

However my question is this,

What happens if my car suffers a major fault (when it would have been in warranty which I thought I had bought)? Would I have a case for further recompense?

For further info, I did not pay for the car on a credit card as my limit was too small (not a company director) so paid it on a debit card. I am now aware of how much the warranty would be as I have called them and asked for them to give a letter that I can send to the creditors, I have found out about chargeback and will explore that, it is more from a legal point of view where do I stand?

I would not have bought the car without warranty, and I can hardly give it them back since they don't exist anymore, so not sure what to do?

I recognise I could just go and buy privately another 6 month warranty, but the principle is that I have already paid out for a product they have failed to deliver on. Any advice gratefully received.

Thankyou.

marshalla

15,902 posts

201 months

Thursday 4th February 2016
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If it needs a repair that would have been covered under SoGA obligations, or the warranty, it probably gets added to your total on the unsecured creditors list.

R1 Indy

4,382 posts

183 months

Thursday 4th February 2016
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I wouldn't even bother, there is very unlikely to be any cash in the bank.

If there is no cash in the bank........

Any cash will go straight to HMRC and the accountants etc. The Directors will have cleaned it out before going into liquidation.

eybic

9,212 posts

174 months

Thursday 4th February 2016
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If I were you, I'd chalk it up to experience and move on.

You don't have a warranty and if you do get anything from the administrators then it will be a few pence for every pound you are owed. As has been said though, there probably isn't any money in the bank so you'll more than likely get nothing from them.

Roo

11,503 posts

207 months

Thursday 4th February 2016
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If the warranty company were acting as a fund for the dealer the warranty would've been voided as soon as the dealer went out of business anyway.

Mopey

Original Poster:

2,396 posts

155 months

Thursday 4th February 2016
quotequote all
eybic said:
If I were you, I'd chalk it up to experience and move on.

You don't have a warranty and if you do get anything from the administrators then it will be a few pence for every pound you are owed. As has been said though, there probably isn't any money in the bank so you'll more than likely get nothing from them.
So it's just one of those things? What happens if I do get a serious problem with the car? Surely I would have somesort of comeback?

marshalla

15,902 posts

201 months

Thursday 4th February 2016
quotequote all
Mopey said:
So it's just one of those things? What happens if I do get a serious problem with the car? Surely I would have somesort of comeback?
Against whom ?

rallycross

12,790 posts

237 months

Thursday 4th February 2016
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Mopey said:
So it's just one of those things? What happens if I do get a serious problem with the car? Surely I would have somesort of comeback?
No not a chance and I think it's odd that you think someone somehow would help.

CaptainMorgan

1,454 posts

159 months

Thursday 4th February 2016
quotequote all
There is nothing to come back on. I've just lost £722 on a set of living room furniture after the shop went bust, I'm listed as a creditor but they'll have barely anything worth money so I cannot claim anything from anyone. Sadly thats life, in future, use the credit card, I'm pretty sure as long as you spend over £100 of what the item cost it's covered.

By the sounds of it you have no issues with the car yet anyway? Fingers crossed you'll be ok with it.

Mopey

Original Poster:

2,396 posts

155 months

Thursday 4th February 2016
quotequote all
rallycross said:
Mopey said:
So it's just one of those things? What happens if I do get a serious problem with the car? Surely I would have somesort of comeback?
No not a chance and I think it's odd that you think someone somehow would help.
Well I was just assuming when you buy something and its not quite as it should be you are protected as a consumer, im assuming that all goes out the window when a company winds up...
Guess Im just thankful I didnt lose more money on a deposit or service plans etc...

Mopey

Original Poster:

2,396 posts

155 months

Thursday 4th February 2016
quotequote all
CaptainMorgan said:
There is nothing to come back on. I've just lost £722 on a set of living room furniture after the shop went bust, I'm listed as a creditor but they'll have barely anything worth money so I cannot claim anything from anyone. Sadly thats life, in future, use the credit card, I'm pretty sure as long as you spend over £100 of what the item cost it's covered.

By the sounds of it you have no issues with the car yet anyway? Fingers crossed you'll be ok with it.
Yes just read that
If the car was 10k and i paid £100 deposit on the CC then I would get my money back, lesson learnt but I may try this chargeback idea, may be worth you having a go too.

TooMany2cvs

29,008 posts

126 months

Thursday 4th February 2016
quotequote all
Mopey said:
Well I was just assuming when you buy something and its not quite as it should be you are protected as a consumer, im assuming that all goes out the window when a company winds up...
Well, yes - because your comeback is against a legal entity - a company - which does not exist any more... It's like a person owing you money, then dying whilst owing more money than they have. There is nothing there for you to have a share of.

Chrisgr31

13,474 posts

255 months

Thursday 4th February 2016
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CaptainMorgan said:
There is nothing to come back on. I've just lost £722 on a set of living room furniture after the shop went bust, I'm listed as a creditor but they'll have barely anything worth money so I cannot claim anything from anyone. Sadly thats life, in future, use the credit card, I'm pretty sure as long as you spend over £100 of what the item cost it's covered.

By the sounds of it you have no issues with the car yet anyway? Fingers crossed you'll be ok with it.
How did you pay for the furniture? With some debit cards you can do a chargeback as well, it might even be most debit cards now.

I had this issue with a made to measure suit, ordered and paid for it, retailer went out of business, I had paid bt Halifax Visa Debit card. I called Halifax and they said tough luck. I wrote to them and they said they'd do a charge back but it might be claimed back. They did and it wasn't. You have to do a chargeback within a time limit though but its the date you became aware of the issue not the date the retailer went bust.

CaptainMorgan

1,454 posts

159 months

Thursday 4th February 2016
quotequote all
Chrisgr31 said:
How did you pay for the furniture? With some debit cards you can do a chargeback as well, it might even be most debit cards now.

I had this issue with a made to measure suit, ordered and paid for it, retailer went out of business, I had paid bt Halifax Visa Debit card. I called Halifax and they said tough luck. I wrote to them and they said they'd do a charge back but it might be claimed back. They did and it wasn't. You have to do a chargeback within a time limit though but its the date you became aware of the issue not the date the retailer went bust.
We have done a chargeback with the bank but arent holding out much hope, they said theres a chance we could get something back but far from certain. Fingers crossed though

BertBert

19,038 posts

211 months

Friday 5th February 2016
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marshalla said:
If it needs a repair that would have been covered under SoGA obligations, or the warranty, it probably gets added to your total on the unsecured creditors list.
I'm happy to corrected by someone who knows technical stuff here, but that sounds very unlikely to me.

Moominator

37,126 posts

211 months

Friday 5th February 2016
quotequote all
In general- what annoys me is the management know its going to go pop but keep trading right upto the end, even padt any bailout etc. Grrr.

OP has there been any issue with the car? It's rare for me to find anything questionable on a used car buy within months of buying it/one.

TooMany2cvs

29,008 posts

126 months

Friday 5th February 2016
quotequote all
Moominator said:
In general- what annoys me is the management know its going to go pop but keep trading right upto the end, even padt any bailout etc. Grrr.
It's illegal to knowingly trade whilst insolvent.

Mopey

Original Poster:

2,396 posts

155 months

Friday 5th February 2016
quotequote all
Hi. No not yet but I think I'm in the position that even if there were a problem I have no one to take it back too. As I say I would not have purchased the car without warranty (which I thought I got legally for 3 months from a garage?)
I bought the car after a long time of them fixing it getting it ready only for them to fold I think six days later.

Roo

11,503 posts

207 months

Friday 5th February 2016
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There is no obligation for a dealer to supply a warranty on a used car.

See, also, my earlier comment about warranty funds.

BertBert

19,038 posts

211 months

Friday 5th February 2016
quotequote all
Moominator said:
In general- what annoys me is the management know its going to go pop but keep trading right upto the end, even padt any bailout etc. Grrr.

OP has there been any issue with the car? It's rare for me to find anything questionable on a used car buy within months of buying it/one.
You've not run a business then I guess, unless they were all super successful. The law tells you what you can and can't do, but if it goes tits up, that's because it runs out of cash. And that leaves some loose ends. Perhaps you'd like to change the lasws around insolvency?