"Non-refundable" service plan?

Isembard

I bought a used car from Arnold Clark a couple of months ago, including a 'Clark Plan' for two services and MOT's for £259.
Meanwhile I discovered that I could get an extension to the manufacturers warranty that as well as covering failure of parts in the car also provided 2 MOT's and 2 years breakdown cover and other things, which I then decided to purchase.

However, when I looked at the T's&C's for the Clark Plan it says "Clark Plan is non-refundable but can be transferred on a private sale to a third party buyer for a £35 transfer administration fee....."

My question is, as I've never claimed anything on this plan yet, is it legal for them to simply state I can't get my money back from them? They're selling a service I hav'nt used.

unholyangel

What is a "clark plan"?

If its a financial insurance product (which extended warranties typically are) then these should have a 14 day cooling off period.

If its a service plan (to prepay for x number of services) then thats just prepaying for services and absence of some statutory or contractual right, then you have no grounds for a refund. A contract is legally binding on both parties. So just like you can't change your mind and get your money back, neither can they decide to charge you more even if their costs increase.

The terms shouldn't be misleading though. So they shouldn't say no refund in any circumstances. But it is okay to say no refunds where you simply change your mind (assuming you bought in store and not online).

BoGoF

Selling you a service you haven't used is different to selling you a service you can't use. And whats to stop you getting the 2 services you paid for?

The time to do your research is before you pay for something.

macman

I haven't 'used' my household contents insurance in the last 10 years. However, I think that the chance of getting my premiums refunded now is fairly minimal...

mattyprice4004

Why do people just assume they’re entitled to a refund of ‘their’ money on a whim?
You paid AC for a service, it’s their money now. The fact you won’t use it is not their fault and irrelevant; it’s there if you want it.

Paul_DNAP

unholyangel wrote: »

What is a "clark plan"?

In basic terms you're pre-paying for 2 MOT tests and 2 Annual services, so probably not a "financial product" in those senses.


And as with anything you've pre-paid, it's not their fault if you don't use what you've paid for, so no refunds is perfectly allowed. It's a little odd that it's tied to you as the owner and not the car, hence the small fee to transfer it over if you sell the car.