Mis-sold vehicle warranty by garage...... HELP!!

2

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  • thenudeone
    thenudeone Posts: 4,462
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    Every warranty I've seen has an exclusion for vehicles used for hire or reward or public service (police, ambulance) and it's usually clear in the terms.
    I think you will struggle to get any joy out of the warranty company as you have been given the terms and, by failing to exercise your right to cancel with 14 days, will be deemed to have accepted them. They may offer you a refund less the cost of the repairs to date, as a goodwill gesture.
    Proving that the garage mis-sold the policy will not be easy, but not impossible. For example, I don't suppose the receipt is made out to "Gary's Taxi Company"?
    In my experience some car salesmen will say just about anything to clinch a sale - yes we'll do a full service; yes we'll give you a new set of mats, the warranty covers basically everything, etc., even if they turn out to be untrue.
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  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    thenudeone wrote: »
    Every warranty I've seen has an exclusion for vehicles used for hire or reward or public service (police, ambulance) and it's usually clear in the terms.
    I think you will struggle to get any joy out of the warranty company as you have been given the terms and, by failing to exercise your right to cancel with 14 days, will be deemed to have accepted them. They may offer you a refund less the cost of the repairs to date, as a goodwill gesture.
    Proving that the garage mis-sold the policy will not be easy, but not impossible. For example, I don't suppose the receipt is made out to "Gary's Taxi Company"?
    In my experience some car salesmen will say just about anything to clinch a sale - yes we'll do a full service; yes we'll give you a new set of mats, the warranty covers basically everything, etc., even if they turn out to be untrue.

    Sadly this is true and doesn't do the trade any good at all.

    OP

    How did your partner pay for the car? Was it financed?
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • Tilt
    Tilt Posts: 3,599 Forumite
    Have you owned the vehicle for 6 months?
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • colino
    colino Posts: 5,059
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    Sorry, but for the reason of salesmen saying anything to get a sale, a lot of warranties also state something along the lines of "no part of this warranty can be altered verbally or without express written approval of the warranty provider". The claim is against the misselling of the warranty of the supplying garage, so best find out a BMW independent round your way. (They can often be surprisingly straightforward to fix).
  • clusters
    clusters Posts: 48 Forumite
    Flyboy 152 - the car was bought with cash, we have a receipt obviously, but no finance.

    Tilt - we have not owned the car for 6 months. I believe it is around 3-4 months.

    The warranty comapny has not yet paid us any money, the first claim payment is pending and the second is what has started all of this. I woudl be happy with a full refund from the warranty company and then the garage to pay at least half of the repairs.
  • Tilt
    Tilt Posts: 3,599 Forumite
    clusters wrote: »
    Flyboy 152 - the car was bought with cash, we have a receipt obviously, but no finance.

    Tilt - we have not owned the car for 6 months. I believe it is around 3-4 months.

    The warranty comapny has not yet paid us any money, the first claim payment is pending and the second is what has started all of this. I woudl be happy with a full refund from the warranty company and then the garage to pay at least half of the repairs.

    The SOGA says in the first 6 months of ownership, any fault (ex wear and tear) is assumed to be present at the point of sale and as such is the sellers responsibility. However, I do see a problem in the distance you are from the seller because SOGA does allow for the seller to be able to inspect and rectify in the first instance. This is the reason I always advise not buying a used car from an independant garage unless you are in a position to take it back.

    As I see this, you are going to have to rely on the T & c's of the warranty. if there is no exclusion for the type of use that you are using the car for then you may have a case against the warranty co. If however the warranty has been miss-sold by the seller, then any case would be against them. The problem is proving it one way or another. What are the 'defects' with the car?
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    clusters wrote: »
    Flyboy 152 - the car was bought with cash, we have a receipt obviously, but no finance.

    Tilt - we have not owned the car for 6 months. I believe it is around 3-4 months.

    The warranty comapny has not yet paid us any money, the first claim payment is pending and the second is what has started all of this. I woudl be happy with a full refund from the warranty company and then the garage to pay at least half of the repairs.

    Sorry to ask what may sound lik a silly question, but was it readies, or by cheque/debit card?

    If it was by cheque, was a personal cheque or a cheque from his business/trading account?

    If it was by debit card, was this on a personal or business account?
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • bigjl
    bigjl Posts: 6,457 Forumite
    clusters wrote: »
    Hi there,

    My OH is a private hire driver, he purchased a used car from a garage a few months ago. They offered a warranty (through a company they use) on the vehicle.

    My OH explained his job (so the car usage would be for gain and reward) and also that he would do some hefty mileage.

    The garage said that they had spoken with warranty company and this was all fine.

    Anyway - long story short - the vehicle has had a few problems, warranty covered half the cost of the first problem, but our BMW specialist called this morning to say that, when he got in touch with them about the second problem, they have turned around and said they believe this vehicle is being used for reward and thus the policy is void!!!

    Where do we stand with this? Obviously, the garage lied to us but I don't know who to start complaints with, who to pursue for repair costs, policy cancellation etc etc (basically, who should I start politely threatening by letter!!!)

    Any advise would be greatly received!

    Many thanks


    The car must be reasonably fit for the purpose for which it was intended, as your OH said it was for Private Hire use then the car must be up to the job, in other owrds high mileage and hard use, even if he isn't covered under the warranty he shouldbe covered under the Sale Of Goods Acts, dependant on how long he has owned it.

    Priavte Hire or use for hire and reward would have been in the exclusions in the warranty document, it will be difficult to prove anything without it in writing, you may have to chalk that one up to experience i'm afraid.
  • emmell
    emmell Posts: 1,228 Forumite
    Would the SOGA still apply on a car that's done 20,000 miles in 3-4 months, that's nearly 2 years normal mileage.
    I think the reason a lot of taxi drivers buy Skoda's is because they are the only company that will honor the new car warranty with the high mileage the drivers do.
    ML.
    He who has four and spends five, needs neither purse nor pocket
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    emmell wrote: »
    Would the SOGA still apply on a car that's done 20,000 miles in 3-4 months, that's nearly 2 years normal mileage.
    I think the reason a lot of taxi drivers buy Skoda's is because they are the only company that will honor the new car warranty with the high mileage the drivers do.
    ML.

    Most cars, with standard three year warranties, are unlimited mileage in the first two years and limited to one hundred thousand miles over three years.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
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