problem with car care warantee

[richard8466]

I bought a Tuscan 4.0 in july 2002. when then warantee holding warantee expired, i purchased a car care warantee over the counter from a TVR dealership in August this year, they gladly sold me it with no questions. I am now making a claim on the warantee, but they have turned around and said that they will not honour the agreement because it was not purchased with the car. Has anybody had similar problems or is aware the in this sort of case the company may noy pay out?

[sidpinup]

If it was sold to you incorrectly, its the dealers problem where you bought it I would think.

[simpo two]

richard8466 said:

they have turned around and said that they will not honour the agreement because it was not purchased with the car.

So why did they sell it? Ask them what it's supposed to good for. Sounds like a case of 'not fit for purpose' - ie money back under Sale of Goods Act.

Not Warranty Holdings perchance...? Loads of stuff in PH archive about them and warranties in general. If that fails, try your local Trading Standards (one of the few things Councils do that's useful!)

[kojak69]

Get back to your dealer. simpo two is correct.

[flying trotter]

you need to establish that you relied on their expert advice - if you asked for a warranty and disclosed that it was for an existing vehicle and they produced one that did not (due to a term in the policy)provide any cover whatsoever you are better arguing "total failure of consideration" (the car with no engine isn't a care argument - what you bought could never perform provide cover from day 1) - you want both your money back and recompense for the cost of the work not covered by the warranty on the basis that if they had correctly advised you on cover you would have gone elsewhere and secured cover that would have responded to the present claim

its not that simple in truth but if you approach the dealer calmly with a logically coherent argument and make clear you'll sue you may get a result - to package it even better find a policy that does provide this kind of cover and was available at the time

good luck

[simpo two]

Coincidentally today whilst carrying a large axe for a friend through a DIY store carpark, I found everybody got out of my way!!!

(only for extreme circumstances though!)