Bought a car from a dealer, warranty not registered
Discussion
Last month I bought a car from an independent dealer. He said the warranty was very good and cost £750, and I have e-mails from him referring to it. The invoice mentions 'warranty', but when I got the car home I realised there was no warranty paperwork. Requests for it were unanswered. 28 days after the sale I phoned him advising him of a problem with the car; he said 'the warranty starts soon', said he'd make enquiries and get back to me, but never did. Three chasing e-mails were ignored and a call today went to voicemail.
I've been advised not to drive the car so it's being trailered off today to be repaired. It's my only car so I'll have to pay the bill in full now to get it roadworthy, and sort out any legal action later.
Unfortunately the man is a known fraudster and lives behind big metal gates, obviously used to this sort of thing. Can't post details online but can forward them on request.
My question is - do I sue for the £750 I paid for the warranty but didn't get, or can I claim for all the work needed that the warranty would have covered?
I've been advised not to drive the car so it's being trailered off today to be repaired. It's my only car so I'll have to pay the bill in full now to get it roadworthy, and sort out any legal action later.
Unfortunately the man is a known fraudster and lives behind big metal gates, obviously used to this sort of thing. Can't post details online but can forward them on request.
My question is - do I sue for the £750 I paid for the warranty but didn't get, or can I claim for all the work needed that the warranty would have covered?
Ouroboros said:
did you ask him to repair it?
The final phone communication (day 28) was telling him that the car was stuttering under acceleration, and asking what it was. He said he'd ask someone at Aston Martin and get back to me. Not a dicky bird since. I suggest he knew it was a misfire and that the warranty wasn't registered.At the time I didn't know what the problem was, or that the car shouldn't be driven.
CloudStuff said:
Derbyshire?
No, Bucks.Canon_Fodder said:
OP are you familiar with the consumer rights act (CRA 2015)?
Someone posted them on the Aston Martin forum. At the time (before I found out about the warranty) I wasn't inclined for a scrap because he was obviously never going to collect the car, get it fixed at an AM dealer (it needs the diagnostic kit) and deliver it back. People like that just hide.But now the warranty issue has been uncovered, it seems more like a black/white money retrieval case. The car is being trailered off today to be repaired as it's my only car and it can't wait a year for legal cogs to turn.
Is there a business to go after? I assume so. i'd go via the money claim online route. Claim the £750 and the full cost of the repairs. Whilst the car is being worked on id get some sort of a health check also in case there is something else lurking.
Send the bill/covering demand to his reg address net 5 days and file immediately thereafter
Send the bill/covering demand to his reg address net 5 days and file immediately thereafter
Simpo Two said:
Someone posted them on the Aston Martin forum. At the time (before I found out about the warranty) I wasn't inclined for a scrap because he was obviously never going to collect the car, get it fixed at an AM dealer (it needs the diagnostic kit) and deliver it back. People like that just hide.
But now the warranty issue has been uncovered, it seems more like a black/white money retrieval case. The car is being trailered off today to be repaired as it's my only car and it can't wait a year for legal cogs to turn.
I see. So you're prepared to pay the repair bills yourself but you want the £750 back for the non-existent warranty - is that right? But now the warranty issue has been uncovered, it seems more like a black/white money retrieval case. The car is being trailered off today to be repaired as it's my only car and it can't wait a year for legal cogs to turn.
You've made it harder to claim back the costs of remedial work by not giving the dealer the chance to fix it himself.
The reason I mention this is that it's best to be clear at the outset about what you want to achieve as an outcome.
Edited by Canon_Fodder on Wednesday 24th November 12:28
Canon_Fodder said:
Simpo Two said:
Someone posted them on the Aston Martin forum. At the time (before I found out about the warranty) I wasn't inclined for a scrap because he was obviously never going to collect the car, get it fixed at an AM dealer (it needs the diagnostic kit) and deliver it back. People like that just hide.
But now the warranty issue has been uncovered, it seems more like a black/white money retrieval case. The car is being trailered off today to be repaired as it's my only car and it can't wait a year for legal cogs to turn.
I see. So you're prepared to pay the repair bills yourself but you want the £750 back for the non-existent warranty - is that right? But now the warranty issue has been uncovered, it seems more like a black/white money retrieval case. The car is being trailered off today to be repaired as it's my only car and it can't wait a year for legal cogs to turn.
You've made it harder to claim back the costs of remedial work by not giving the dealer the chance to fix it himself.
The reason I mention this is that it's best to be clear at the outset about what you want to achieve as an outcome.
Edited by Canon_Fodder on Wednesday 24th November 12:28
Burwood said:
It sounds like he has given the dealer every opportunity to remedy and got no where. Second, as the fault manifested itself within 30 days it is deemed to have existed on the day it was sold. As such the dealer is on the hook regardless of any warranty.
The question is what proof of giving the dealer 'every opportunity' there is - if he didn't formally request they collect the vehicle for repair in a written format, he likely won't get very far. The retailer always gets first dibs on fixing the fault, even if it takes a little time for this to happen. The OP's transport arrangements aren't the garage's concern.
Burwood said:
It sounds like he has given the dealer every opportunity to remedy and got no where. Second, as the fault manifested itself within 30 days it is deemed to have existed on the day it was sold. As such the dealer is on the hook regardless of any warranty.
Yes perhaps you're right - I hadn't read the OP in enough detail. It seems as though 3 subsequent attempts have been made to to contact the dealer regarding the fault but the OP has received no reply. As such it's reasonable for him to organise repairs himself and claim back from the dealer at a later date. Definitely a double-bagger in terms of popcorn so please keep us informed OP
Did you pay any of the money with a credit card? If so contact your credit card company.
if not then you can either sell the car and claim (in court) the difference between the sale price and amount you paid plus anything you have spent on it.
OR
you can get it repaired and take him to court for the repair costs.
if it's under £10,000 then it is a small claims court job.
if not then you can either sell the car and claim (in court) the difference between the sale price and amount you paid plus anything you have spent on it.
OR
you can get it repaired and take him to court for the repair costs.
if it's under £10,000 then it is a small claims court job.
Thanks all for your input. It seems to me there are two separate issues here. One is that the car was sold with a fault (it started doing it on the way home but I didn't know what it was, maybe just a bit of water in the petrol, and hoped it would go away.) Equally the dealer may not have known, because it only happens after 20-30 minutes driving. Hence it didn't show up on the test drive which was fine.
The second is that he failed to register the warranty, and that is beyond dispute. I paid for the warranty but didn't get it. So it seems that's an easy case. But going on from that, because he failed to register the warranty, I will incur the costs that the warranty would have covered, and so I find him liable for those too.
Interestingly, looking back through the e-mails I asked him more than once to provide warranty details, but he always evaded. It was only good memory and Google that took me to the relevant company; they have him on their records, but my car isn't listed.
The second is that he failed to register the warranty, and that is beyond dispute. I paid for the warranty but didn't get it. So it seems that's an easy case. But going on from that, because he failed to register the warranty, I will incur the costs that the warranty would have covered, and so I find him liable for those too.
Interestingly, looking back through the e-mails I asked him more than once to provide warranty details, but he always evaded. It was only good memory and Google that took me to the relevant company; they have him on their records, but my car isn't listed.
sugerbear said:
Did you pay any of the money with a credit card? If so contact your credit card company.
No, bank transfer.sugerbear said:
if not then you can either sell the car and claim (in court) the difference between the sale price and amount you paid plus anything you have spent on it.
OR
you can get it repaired and take him to court for the repair costs. if it's under £10,000 then it is a small claims court job.
I like the car and want to keep it; it's a rare colour with a good spec. Apart from the misfire it's in super condition with only 15K miles and a full AMSH. So your Plan B is the angle. I have little doubt it will end up with High Court bailiffs, and judging by this man's history (details on request), he'll be ready for them.OR
you can get it repaired and take him to court for the repair costs. if it's under £10,000 then it is a small claims court job.
HocusPocus said:
Why not save yourself the hassle and simply reject the car under CRA? You have 30 days from date of delivery, but if there is a fault the 30 day clock is suspended from the date you requested a fix until that is resolved. See CRA s22.
Sadly in practice it's not that simple. 1) The car is fairly unique and I like it and want to keep it. 2) The dealer will not say 'Sure, drop it in and I'll give you £45K' - he has little care for whatever the law may be. 3) He's 100 miles away and the car is my only transport.So I could play CRA legal ping-pong for a year or more and get nowhere - and in all that time have to keep a car I can't use, so I'd have to buy another car, but I only have room for one car...
In the short term I have a car to fix
NMNeil said:
Does it matter where he lives, unless that's where he's selling the cars from?
It is...Simpo Two said:
HocusPocus said:
Why not save yourself the hassle and simply reject the car under CRA? You have 30 days from date of delivery, but if there is a fault the 30 day clock is suspended from the date you requested a fix until that is resolved. See CRA s22.
Sadly in practice it's not that simple. 1) The car is fairly unique and I like it and want to keep it. 2) The dealer will not say 'Sure, drop it in and I'll give you £45K' - he has little care for whatever the law may be. 3) He's 100 miles away and the car is my only transport.Next time, I recommend paying a holding deposit with a credit card which creates a DCS relationship for the Consumer Credit Act and makes the card company jointly liable for the entire contract (not just the proportion paid on the card). Amazing how often a charge back threat from the card company focuses the trader's closed mind.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff