Can I compel performance of a contract via MCOL?
Discussion
Short version - I purchased an extended warranty for something back in April. 2 months later there is no evidence that the warranty is applied to the item, nor have I had a refund for the policy (just shy of £3000).
It's been next to impossible to correspond with the various parties involved (warranty provider, company that validates the eligibility, etc), and the most recent correspondance I have had from them has said to me that I don't qualify, presumably because they think I didn't follow the instructions to register my interest in advance of it becoming available.
Now - I know I do qualify because I followed their instructions to the letter, and have email replies that confirm they received my request in the format requested. The reply includes my email, with all of the required information, in the email chain - so they can't argue non-receipt or non-compliance.
Notwithstanding that I still find myself without the coverage or the money paid for it.
I suspect if I kept on I would get a refund at some point, but I would rather have the coverage for peace of mind. Is there a way I can compel performance of the contract via MCOL? My limited experience of it involves making a claim for a sum of money, which is not really what I want.
Thanks in advance.
It's been next to impossible to correspond with the various parties involved (warranty provider, company that validates the eligibility, etc), and the most recent correspondance I have had from them has said to me that I don't qualify, presumably because they think I didn't follow the instructions to register my interest in advance of it becoming available.
Now - I know I do qualify because I followed their instructions to the letter, and have email replies that confirm they received my request in the format requested. The reply includes my email, with all of the required information, in the email chain - so they can't argue non-receipt or non-compliance.
Notwithstanding that I still find myself without the coverage or the money paid for it.
I suspect if I kept on I would get a refund at some point, but I would rather have the coverage for peace of mind. Is there a way I can compel performance of the contract via MCOL? My limited experience of it involves making a claim for a sum of money, which is not really what I want.
Thanks in advance.
First off, I am not your lawyer. Below is an opinion and not advice.
A money claim is an action to sue for a debt.
Compelling performance of a contract requires an injunction for specific performance.
These are separate things (first is simple and cheap the second complicated and expensive!).
That said! If what you’re saying is that you have paid money and not received the service promised, then you can argue this is a breach of contract where a refund is the appropriate remedy. In which case you could probably utilise a money claim to force attention to this fact, particularly if you win the claim (as you can then proceed to enforce recover which could include winding up the counterparty).
Short answer: not a perfect solution but may be worth a shot but you would have to forego the warranty coverage. If you want them to perform the contract, then you’ll need to injunct them to force performance.
A money claim is an action to sue for a debt.
Compelling performance of a contract requires an injunction for specific performance.
These are separate things (first is simple and cheap the second complicated and expensive!).
That said! If what you’re saying is that you have paid money and not received the service promised, then you can argue this is a breach of contract where a refund is the appropriate remedy. In which case you could probably utilise a money claim to force attention to this fact, particularly if you win the claim (as you can then proceed to enforce recover which could include winding up the counterparty).
Short answer: not a perfect solution but may be worth a shot but you would have to forego the warranty coverage. If you want them to perform the contract, then you’ll need to injunct them to force performance.
Thanks. I’m somewhat surprised I haven’t already been refunded. I’m in contact with others in a similar situation who have found that they’ve just had their money back with no communication as to why, etc.
The warranty coverage is important to me, more so than the money. The expenditure was budgeted for some time ago.
Since I am absolutely sure I complied with the requirements for it, I’m keen to compel performance. I’m not really sure where to start though, it sounds like it’s not something as relatively trivial as the MCOL process.
The warranty coverage is important to me, more so than the money. The expenditure was budgeted for some time ago.
Since I am absolutely sure I complied with the requirements for it, I’m keen to compel performance. I’m not really sure where to start though, it sounds like it’s not something as relatively trivial as the MCOL process.
Yeah all of the companies involved are large.
I’m not overly worried about getting the money back, I know I could probably force that via MCOL etc, but I actually want the extended warranty policy I paid for and was wondering if there was a formal way to ensure or even encourage that.
I’m not overly worried about getting the money back, I know I could probably force that via MCOL etc, but I actually want the extended warranty policy I paid for and was wondering if there was a formal way to ensure or even encourage that.
The problem is that “having” the warranty entails it being attached to the product, and visible in the app that accompanies it, because that’s what repair centres use to determine if a job is one paid for by it or not.
(For what it’s worth I’m talking about an extended warranty on a car. Provided by a third party but officially recognised by the manufacturer)
(For what it’s worth I’m talking about an extended warranty on a car. Provided by a third party but officially recognised by the manufacturer)
Assuming you got your money back, could you sue for breach of contract with your loss being the difference in cost between the one you thought they had provided and another you had to buy instead (assuming it was more expensive than the first)?
Was the warranty you wanted transferable if you sold the car? Would there be a difference in market value of the car with a manufacturer approved warranty versus no warranty/a non-approved one?
Was the warranty you wanted transferable if you sold the car? Would there be a difference in market value of the car with a manufacturer approved warranty versus no warranty/a non-approved one?
Forester1965 said:
Assuming you got your money back, could you sue for breach of contract with your loss being the difference in cost between the one you thought they had provided and another you had to buy instead (assuming it was more expensive than the first)?
Not sure. The policy is unique in so much as it is the official manufacturer backed extended warranty. As mentioned it integrates with the app for the car, and therefore provides a seamless experience when booking the car in for remedial work (also done through the same app). Other warranties don't have anything like this kind of integration and are therefore more of a faff when it comes to claiming from them.Forester1965 said:
Was the warranty you wanted transferable if you sold the car? Would there be a difference in market value of the car with a manufacturer approved warranty versus no warranty/a non-approved one?
Yes, it goes with the car and is tranferrable to subsequent private owners. Since the car is electric this provides a significant peace of mind and opens up a wider buyers market. The policy I bougth adds 4 years of coverage, so not an inconsequential amount.Just to add, an injunction compelling a party to do something (i.e. an order for specific performance) is incredibly difficult to obtain (you would need to demonstrate that damages for your loss would not be an adequate remedy, which they clearly would be) and they are so rare that I would probably go as far as saying that obtaining such relief in this case would be essentially impossible.
Hope you paid with a credit card?
I think your best option is to get your money back and look elsewhere for a warranty. You seem to be caught in a loop where everyone is slopey shouldering the problem with no one accepting responsibility for resolution.
If you want to continue you should be dealing with whoever you paid the money to get resolution.
I think your best option is to get your money back and look elsewhere for a warranty. You seem to be caught in a loop where everyone is slopey shouldering the problem with no one accepting responsibility for resolution.
If you want to continue you should be dealing with whoever you paid the money to get resolution.
As others have said, MCOL is purely for a financial loss and does not work for specific performance (which isn't an injunction, but an order to perform a contractual obligation). Specific performance is an equitable remedy, and the Court can either make an order for SP or order damages if that is a suitable remedy (or both, but at present not in your case). It is entirely a discretionary remedy and to bring a claim is not, as a primary claim, a monetary claim. You do not need a claim necessarily or a breach of contract (i.e. one that would have been covered under the policy) before seeking remedy. It is a complex area, and there are a number of factors the court would consider before making an order for SP.
And ... check your home insurance for LEI.
Happy to chat via DM - I won't post legal advice on a public forum (y)
And ... check your home insurance for LEI.
Happy to chat via DM - I won't post legal advice on a public forum (y)
Many thanks.
As of today this is - I believe - resolved (touch wood), although I have not had official confirmation yet.
I checked the car app earlier and it shows the extended warranty having been applied to the car. This is following an email exchange where I was asked to provide evidence that I had complied with the terms, which I did via several PDFs.
Useful to know that performance is not something that can be achieved via the usual MCOL route though.
As of today this is - I believe - resolved (touch wood), although I have not had official confirmation yet.
I checked the car app earlier and it shows the extended warranty having been applied to the car. This is following an email exchange where I was asked to provide evidence that I had complied with the terms, which I did via several PDFs.
Useful to know that performance is not something that can be achieved via the usual MCOL route though.
Glad to hear it!
On a purely academic point, I can't see any rule forbidding a non-monetary claim from being allocated to the small claims track (though normal starting point would be the fast track or beyond). If the court could be persuaded a trial wouldn't run over 1 day and the overriding objective was better served by allocation to small claims, anything preventing the court from agreeing?
Once in small claims I think the court has discretion to order anything it could on the other tracks (including performance).
On a purely academic point, I can't see any rule forbidding a non-monetary claim from being allocated to the small claims track (though normal starting point would be the fast track or beyond). If the court could be persuaded a trial wouldn't run over 1 day and the overriding objective was better served by allocation to small claims, anything preventing the court from agreeing?
Once in small claims I think the court has discretion to order anything it could on the other tracks (including performance).
Good resolution I guess.
The question for me though is more basic. Why would you want a warranty from an organisation that you have to seek to compel to put the warranty in place? If it's that hard to get the warranty in place god alone knows how bad it would be if there is ever a claim. I take your point about it being transferable, although again call me a pessimist but I bet that isn't easy either.
The question for me though is more basic. Why would you want a warranty from an organisation that you have to seek to compel to put the warranty in place? If it's that hard to get the warranty in place god alone knows how bad it would be if there is ever a claim. I take your point about it being transferable, although again call me a pessimist but I bet that isn't easy either.
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