Warranty Company vs Consumer Protection Act - A Fable
Discussion
I bought a 997.2 C2S in August 2020 from an independent dealer and it had a couple of problems.
Something I noticed right away was the sports exhaust didn't work. I took it to the dealer's Porsche specialist who tried to fix it, but unfortunately the fix didn't work. I took it back and they looked at it again and didn't have the part. Then I wasn't able to get to garage for a long time due to being out of the country but I eventually managed to get the car into the Porsche specialist again in June 2021 when a seized part was discovered which required a non-trivial fix.
Whilst the car was in the garage the specialist informed me that the high pressure fuel pump was on the way out. I chatted to the dealer about this and he recommended I talk to the company providing the warranty he'd given me with the car. From what I can make out it seems as though the warranty company agreed with my claim for the fuel pump, but they're saying the dealer had requested to fix the problem themselves in order to prevent the premium for the warranties being increased due to a poor 'run rate'. Now I'm in a position where I'm trying to get hold of the dealer and ask him to pay for the fuel pump, but the only trouble is he rarely takes my calls. When he does, he sounds like he wants to sort it, but then I never hear back from him.
From my point-of-view he should either pay for the repair, as he has told the warranty company he will, or tell the warranty that he's not going to pay and let the warranty company pay. The warranty company are claiming they can't do anything as the dealer has told them he will sort it under the Consumer Protection Act.
And I haven't even broached the subject of the sports exhaust fix, as I thought the fuel pump would be a much easier problem to solve. I have a pre-purchase inspection, although it was done on behalf of someone on this forum who recognised my description of the car and passed it on to me, which states the sports exhaust was not working at the time of the inspection, and also indicates a problem with the fuel pump.
Has anybody got any advice on how I should proceed? Citizen's advice say I should send a letter or an email to the dealer detailing my complaint. I'm not sure what my next course of action would be if they didn't respond to the letter. Small claims court?
All advice/laughter at my poor handling of the situation gladly accepted!
Douglas.
Something I noticed right away was the sports exhaust didn't work. I took it to the dealer's Porsche specialist who tried to fix it, but unfortunately the fix didn't work. I took it back and they looked at it again and didn't have the part. Then I wasn't able to get to garage for a long time due to being out of the country but I eventually managed to get the car into the Porsche specialist again in June 2021 when a seized part was discovered which required a non-trivial fix.
Whilst the car was in the garage the specialist informed me that the high pressure fuel pump was on the way out. I chatted to the dealer about this and he recommended I talk to the company providing the warranty he'd given me with the car. From what I can make out it seems as though the warranty company agreed with my claim for the fuel pump, but they're saying the dealer had requested to fix the problem themselves in order to prevent the premium for the warranties being increased due to a poor 'run rate'. Now I'm in a position where I'm trying to get hold of the dealer and ask him to pay for the fuel pump, but the only trouble is he rarely takes my calls. When he does, he sounds like he wants to sort it, but then I never hear back from him.
From my point-of-view he should either pay for the repair, as he has told the warranty company he will, or tell the warranty that he's not going to pay and let the warranty company pay. The warranty company are claiming they can't do anything as the dealer has told them he will sort it under the Consumer Protection Act.
And I haven't even broached the subject of the sports exhaust fix, as I thought the fuel pump would be a much easier problem to solve. I have a pre-purchase inspection, although it was done on behalf of someone on this forum who recognised my description of the car and passed it on to me, which states the sports exhaust was not working at the time of the inspection, and also indicates a problem with the fuel pump.
Has anybody got any advice on how I should proceed? Citizen's advice say I should send a letter or an email to the dealer detailing my complaint. I'm not sure what my next course of action would be if they didn't respond to the letter. Small claims court?
All advice/laughter at my poor handling of the situation gladly accepted!
Douglas.
I think your issue is with the Warranty Company not the Dealer. That’s who you have a contract with. I’d suggest you make it there problem, I’d be tempted to get a quote for the repair from a third party and go to the small claims court for the repair to the pump and the exhaust. Assume you have all the correspondence in writing ?
Agree, I also think you'll now have to take it up with the warranty co.
In future is worth bearing in mind for used purchases, the dealer responsibilities usually last six months from the date of purchase during which any fault is legally determined (under CRA) to have been pre-existing - and so is usually easiest to rectify any issues directly with the dealer during that initial time period. Unfortunately in this case, it appears the initial period has now passed.
In future is worth bearing in mind for used purchases, the dealer responsibilities usually last six months from the date of purchase during which any fault is legally determined (under CRA) to have been pre-existing - and so is usually easiest to rectify any issues directly with the dealer during that initial time period. Unfortunately in this case, it appears the initial period has now passed.
Thanks all for your replies.
The point about having a contract with the warranty company and not the dealer is exactly the point that I made when I called them last but they were adamant that they could no longer do anything because the dealer had opted to take care of it.
I do have the correspondence with the warranty company in writing (via email), up to and including them claiming the dealer had offered to fix it instead of them paying the claim.
With respect to the Consumer Protection Act, I have been led to believe that this lasts for up to five years, although there is more of a burden of proof after a year, but as long as you can prove the car had the fault when you bought it, they should remedy it.
I'll contact the warranty company again and see what they say. I'll keep you posted.
The point about having a contract with the warranty company and not the dealer is exactly the point that I made when I called them last but they were adamant that they could no longer do anything because the dealer had opted to take care of it.
I do have the correspondence with the warranty company in writing (via email), up to and including them claiming the dealer had offered to fix it instead of them paying the claim.
With respect to the Consumer Protection Act, I have been led to believe that this lasts for up to five years, although there is more of a burden of proof after a year, but as long as you can prove the car had the fault when you bought it, they should remedy it.
I'll contact the warranty company again and see what they say. I'll keep you posted.
Cheib said:
I think your issue is with the Warranty Company not the Dealer. That’s who you have a contract with.
Does he? Or does the dealer?Dealer bought the warranty, I think. Hence wanting to do work rather than increase pay out on future warranties. All slightly opaque, but the warranty company's obligation might actually be to the dealer?
How old is the car? CRA runs out after 6 years from new not from when you bought it.
Is the warranty in your name?
Write to both the dealer and the warranty company saying they are jointly and severally liable and unless they offer to fix the problem within 14 days and then actually fix it within 28 days you will have it fixed elsewhere and name them both on a county court claim for the repair cost, incurring them in court fees and interest charges.
Moneyclaim online is a relatively simple way of taking your claim to court.
Is the warranty in your name?
Write to both the dealer and the warranty company saying they are jointly and severally liable and unless they offer to fix the problem within 14 days and then actually fix it within 28 days you will have it fixed elsewhere and name them both on a county court claim for the repair cost, incurring them in court fees and interest charges.
Moneyclaim online is a relatively simple way of taking your claim to court.
DJMC said:
How old is the car? CRA runs out after 6 years from new not from when you bought it.
Is the warranty in your name?
Write to both the dealer and the warranty company saying they are jointly and severally liable and unless they offer to fix the problem within 14 days and then actually fix it within 28 days you will have it fixed elsewhere and name them both on a county court claim for the repair cost, incurring them in court fees and interest charges.
Moneyclaim online is a relatively simple way of taking your claim to court.
CRA runs from the date of purchase (can be used). The six years relates to the statute of limitations, that is all.Is the warranty in your name?
Write to both the dealer and the warranty company saying they are jointly and severally liable and unless they offer to fix the problem within 14 days and then actually fix it within 28 days you will have it fixed elsewhere and name them both on a county court claim for the repair cost, incurring them in court fees and interest charges.
Moneyclaim online is a relatively simple way of taking your claim to court.
Bought a 997.2 from a Hitchin indie in August 2020.
Took it for a Health Check at my local indie who found a number of issues.
RAC warranty was worthless.
The Hitchin indie checked it over, MOT'd it again, said it was fine. It wasnt.
As most faults were suspension took it to Center Gravity who confirmed, rear coffin arms shot, front brake discs below Porsche recommended thickness, steering drop link worn, worn front wheel bearing.
Whilst it was with CG I got them to do the work as I was worried about the problems being safety issues. Cost me £2K only a couple of months after the purchase.
So took them to Small Claims Court. Got a grand back, court fees and a wind deflector Hitchin indie promised a year before.
Some car dealers put nothing in writing, promise much, deliver as little as possible. Only care about their margin.
So stop being messed about & go to Small Claims. Doesnt cost much to start a case. The Judge can usually see right through a dealers b#llsh:t.
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