Car Finance sold with invalid warranty

martb87

Hi

I bought a car on finance from a company named really easy car credit. The car came with 6 month rac platinum warranty. A few months later, less than 3000 miles the car would randomly go into limp mode. I took the car to an approved rac warranty garage who said the fuel filter needs replacing which the warranty would cover. However, upon looking at my log book the car hasn't been serviced in nearly 3 years. This rendered the warranty invalid as rac require the car to be serviced yearly as standard. The finance company who loaned me the money to buy the car from the dealership won't do anything, and the dealership haven't helped either. What should I do as in my eyes he car has been mis-sold. Any help please.

Many thanks
Martyn

bigisi

Mis-sold? Mis-bought more like. Why didn't you check the service history before agreeing to buy the car?

Also, you are aware that the service history is usually held in the service record booklet, not the log book? Maybe that's why you can't find any record.

fwor

martb87 wrote: »

the fuel filter needs replacing which the warranty would cover.

That's surprising in itself - generally things like filters are considered to be "consumable" items which aren't covered by warranty.

However, that aside, it does sound as though the warranty (not the car) was mis-sold to you. It seems reasonable that the seller of the vehicle should check that the warranty would be valid before selling it (and the car) to you.

System

Warranties don't include service items like fuel filters, brake pads, brake discs, air filters, oil filters, spark plugs etc.

So even if it had been a valid warranty you still wouldn't be able to have made a claim under it.

iolanthe07

I would never buy a used car without checking the service history. Did you not think to do this? I'm not sure that the car was missold unless you were assured that the car had been properly serviced. Caveat Emptor applies here as always, especially with a big purchase item like a car.

foxy-stoat

Was it advertised with a full service history?

martb87

Thanks for the replies.

I did check the service history and it had a yearly service since manufacturer till 2015. I thought based on this it was still a quality used car. And the fact it came with a platinum rac warranty I was sold. At no point was I told that the fact it hadn't been serviced for over two years would invalid the warranty. Especially considering the warranty is one of the forms main selling points.

Also, the mechanic wasn't sure if it is the fuel filter, just said it sounded like it. It was he who informed me about the clause in rac warranties needing a regular service.

To say the least I feel duped that the seller didn't inform me about this.

Nearlyold

Was the car serviced by whoever you bought it from immediately before you took delivery, if so the Warranty would be valid, though it probably would not cover a fuel filter.
Here are the servicing requirements from the terms and conditions
9. Servicing Requirements To ensure the validity of this Warranty Your Vehicle must be serviced in accordance with any one of the following options:
Servicing Requirement Option A
If Your Vehicle has an up-to-date and full manufacturer’s service history from first registration, You must continue to service Your Vehicle in line with the manufacturer’s recommendations and servicing intervals throughout the Cover Period;
or Servicing Requirement Option B
If Your Vehicle has had a service in the last 6 months prior to the date of Warranty purchase, You must service Your Vehicle every 12 months or 10,000 miles (whichever occurs first) from the date of the most recent service, throughout the Cover Period;
or Servicing Requirement Option C
If Your Vehicle has not been serviced in the last 6 months prior to the date of Warranty purchase, You must service Your Vehicle within 14 days from the date of Warranty purchase to be entitled to obtain any benefits provided under this Warranty. Failure to meet this requirement will invalidate this Warranty. Should You fail to meet this requirement, You must contact the Administrator immediately to cancel Your Warranty and receive a full refund of the premium paid by You.
Additionally, You must continue to service Your Vehicle every 12 months or 10,000 miles (whichever occurs first), throughout the Cover Period. Please note: • Only service invoices will be accepted as proof of servicing and such invoices may be required by the Administrator at the time claims are made. • A bona fide VAT-registered garage must carry out servicing. It is Your responsibility to establish Your Vehicle’s servicing requirements and to adhere to them. Failure to do so will invalidate this Policy. 10