Urgent Legal Advice Needed
Discussion
I sold my car in February through eBay. I had a third party warranty which I arranged to have transfered to the new owners. Or so I thought - the wasrranty book and cheque never seemed to get to the warranty company.
The new owners contacted me yesterday as there is a problem with the car which they wanted to claim via the warranty. They have not received the transferred policy, and after contacting the warranty company I have found that the policy is still in my name as they have not received the book and fee.
They won't now transfer the policy as it's been nearly 6 months since I sold the car. The new owners said "well it looks like things are going to get ugly, because you sold us the car with 8 months left on the warranty which you should have transferred to us. We've taken legal advice and we're in the right, you'll be hearing from our solicitors".
As I have taken every step to transfer the policy to them, which I can't prove as I no longer have the warranty documents, am I liable? It's taken them nearly 6 months to let me know that they hadn't received the warranty details, surely they should have contacted me sooner, rather than so late when there is a problem?
Advice very gratefully received.
The new owners contacted me yesterday as there is a problem with the car which they wanted to claim via the warranty. They have not received the transferred policy, and after contacting the warranty company I have found that the policy is still in my name as they have not received the book and fee.
They won't now transfer the policy as it's been nearly 6 months since I sold the car. The new owners said "well it looks like things are going to get ugly, because you sold us the car with 8 months left on the warranty which you should have transferred to us. We've taken legal advice and we're in the right, you'll be hearing from our solicitors".
As I have taken every step to transfer the policy to them, which I can't prove as I no longer have the warranty documents, am I liable? It's taken them nearly 6 months to let me know that they hadn't received the warranty details, surely they should have contacted me sooner, rather than so late when there is a problem?
Advice very gratefully received.
Thinking abuot this a bit more, if you have sent a cheque as payment, yet they never cashed it - you will still have a cheque book stubb.
This is the start of a small claims case against the waranty company. If the claim would of been covered in the first place then you are going to be liable for the repairs personally.
However, there is nothing stopping you issue a county court summons against the warranty company to recover your money. The worst case scenario is that you lose and waste a day in court.
The key to a small claims is providing evidence. So you write a statement, you get your wife to write a statement saying "i put the envelope in the postbox", you show your chequebook stubb to show that you have tried to pay for the transfer and then play the sympathy card in front of the magistrate.
The key part of your case is your cheque stubb as it shows the date and is surrounded by other cheques, you can back it up with your bank statement to show that the other cheques were cashed, but this was never was.
This little thing could trip up the warranty company's case that they are not liable. You've done your bit and you can prove it - why didn't they do their bit.
One thing the magistrates hate is an argument - they like the parties to come to an equitable agreement. If you can show that the warranty company has been unreasonable.
If you go down this route, you must get your evidence in.
If you do not supply evidence, then you cannot say anything in court. One mistake companies make is not supplying evidence. It then scuppers the terms of their agreement. You cannot say "according to our t&c's blah blah" if you have not submitted that agreement as evidence. (I think).
Personally, you have nothing to lose other than £80 to lodge a case and a day in court, which can be fabulously entertaining.
This is the start of a small claims case against the waranty company. If the claim would of been covered in the first place then you are going to be liable for the repairs personally.
However, there is nothing stopping you issue a county court summons against the warranty company to recover your money. The worst case scenario is that you lose and waste a day in court.
The key to a small claims is providing evidence. So you write a statement, you get your wife to write a statement saying "i put the envelope in the postbox", you show your chequebook stubb to show that you have tried to pay for the transfer and then play the sympathy card in front of the magistrate.
The key part of your case is your cheque stubb as it shows the date and is surrounded by other cheques, you can back it up with your bank statement to show that the other cheques were cashed, but this was never was.
This little thing could trip up the warranty company's case that they are not liable. You've done your bit and you can prove it - why didn't they do their bit.
One thing the magistrates hate is an argument - they like the parties to come to an equitable agreement. If you can show that the warranty company has been unreasonable.
If you go down this route, you must get your evidence in.
If you do not supply evidence, then you cannot say anything in court. One mistake companies make is not supplying evidence. It then scuppers the terms of their agreement. You cannot say "according to our t&c's blah blah" if you have not submitted that agreement as evidence. (I think).
Personally, you have nothing to lose other than £80 to lodge a case and a day in court, which can be fabulously entertaining.
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