Legal advice please.....
Legal advice please.....
Author
Discussion

Alfachick

Original Poster:

1,639 posts

226 months

Wednesday 10th December 2008
quotequote all
Right so....
Just less than a year ago I bought my current car, at that time I took out a warenty through the dealer.
I have just had some work done on the car, new air flow meter, which is covered by the warenty. However... when the garage that I had taken the car to asked the warenty company about claiming they were told that the dealer that I had bought my car from had gone bust and that they (the warenty company) could not pay out a claim because of this.

I have looked through all the small print in the contract that I have with the warenty company and have found NO mention of the fact that if the issuing dealer goes bust that the warenty will be void. I have called the warenty company myself only to be told that they will not pay out due to the dealer that I bought the car from, almost a year ago, going bust.

I have also from the warenty company recieved a letter and a phone call (yesterday) asking if I would like to renew my warenty as it is coming up to the end of its term. I polietley declined and was told, 'ok then, thats it valid up untill the 20th of this month (december).

Where do I stand? Is there any point taking them to the small claims court or seeing the CAB?
The bill was just shy of £200 so not really a tiny amount!

Am fairly annoyed by this and would appreciate any advice.

Cheers.

maix27

1,070 posts

225 months

Wednesday 10th December 2008
quotequote all
Don't do it.

I haven't read your post but DON'T do it.

Roo.

11,504 posts

236 months

Wednesday 10th December 2008
quotequote all
If the warranty is an underwritten insurance policy it's still valid. If it purely underwrote the dealers risk to warranty claims then, unfortunately, it is no longer valid as the dealers risk no longer exists.

blindswelledrat

25,257 posts

261 months

Wednesday 10th December 2008
quotequote all
As far as I am concerned it is well worth taking them to the small claims court.
Fairly easy to do cheaply now.
It my also be worth getting in touch with the insurance onbudsman. Every chance they will sort it out in a phonecall for you.

What is thier rationale for not forking out? How do they see the dealer going bust as relevant when the contract you make is with them? Or is it?

Mc Lovin

5,588 posts

250 months

Wednesday 10th December 2008
quotequote all
Airflow meter? must have been the alfa then!

james_tigerwoods

16,347 posts

226 months

Wednesday 10th December 2008
quotequote all
Surely the warranty is with the warranty company, not the dealer - but it'll depend on the small print...

JJCW

2,449 posts

215 months

Wednesday 10th December 2008
quotequote all
If its true, there could be a lot of people with warranties that no longer are valid argue

Roo.

11,504 posts

236 months

Wednesday 10th December 2008
quotequote all
JJCW said:
If its true, there could be a lot of people with warranties that no longer are valid argue
Tis true. A lot of these warranties only underwrite the dealers liability/provision they should make for warranty repairs.

If the dealer goes bust the liability dies with them.

Alfa_75_Steve

7,489 posts

229 months

Wednesday 10th December 2008
quotequote all
Mc Lovin said:
Airflow meter? must have a Bosch MAF, then!
EFA.

Alfa_75_Steve

7,489 posts

229 months

Wednesday 10th December 2008
quotequote all
Could it be that the dealer was paying monthly for the warranty cover? - now they're no longer around, the monthly payments aren't being made.

Mc Lovin

5,588 posts

250 months

Wednesday 10th December 2008
quotequote all
Alfa_75_Steve said:
Mc Lovin said:
Airflow meter? must have a Bosch MAF, then!
EFA.
True

JazD

284 posts

217 months

Wednesday 10th December 2008
quotequote all
Did you buy the car on finance? I had a similar experience with our one. I contacted the finance company and their quality assurance dept picked up the bill.

collateral

7,238 posts

247 months

Wednesday 10th December 2008
quotequote all
If this is the case I wonder if you ask them for a refund of a percentage of the warranty payment?

IE you paid for a 5 year, the dealer went under after 1, you get 4/5 of the cash back scratchchin

Alfachick

Original Poster:

1,639 posts

226 months

Wednesday 10th December 2008
quotequote all
Ok so, when I bought the car it came with a years warenty, looking at the paperwork, this years warenty was free. So does that mean that it has been underwriten by the dealer and that the warenty people are correct in what they are saying? The aggreement has been signed my myself (obviously) and the dealer.

Also in the definitions....
Dealer/we/us/Our:
The Dealer who supplied the Vehicle which is the subject of the Agreement.

I think I may be roayaly fked.

Yeah it was the Alfa biggrinrolleyes

Alfachick

Original Poster:

1,639 posts

226 months

Wednesday 10th December 2008
quotequote all
JazD said:
Did you buy the car on finance? I had a similar experience with our one. I contacted the finance company and their quality assurance dept picked up the bill.
I did buy the car on finance but paid it off in July (thanks gran angel )

Alfachick

Original Poster:

1,639 posts

226 months

Wednesday 10th December 2008
quotequote all
anonymous said:
[redacted]
I think I'm reading the warenty agreement, it is the only thing that I have relating to the warenty and has the warenty company logo in the top left corner not the dealers logo. It has the Policy number on the schedule and also the 'gold warenty terms and conditions' as the heading to all the small print.

Am expecting another call from the warenty company this afternoon. They have already said that they will basicly be repeating what they have already told me. Grrr.

Alfa_75_Steve

7,489 posts

229 months

Wednesday 10th December 2008
quotequote all
I'm pretty sure it'll say 'Gold Warranty Terms and Conditions' myself tongue out

Alfachick

Original Poster:

1,639 posts

226 months

Wednesday 10th December 2008
quotequote all
Alfa_75_Steve said:
I'm pretty sure it'll say 'Gold Warranty Terms and Conditions' myself tongue out
sorry bout the crap spelling *hangs head in shame*

Roo.

11,504 posts

236 months

Wednesday 10th December 2008
quotequote all
I've said twice already but, hey what the hell, I'll say it again.

If the warranty company were only underwriting the dealers liability for claims the warranty died when the dealer went bust. It will only still be valid if it's an underwritten insurance risk.

There are many used TVR's out there with exactly the same type of policy.