Warranty issued knowing dealer was closing...

eversotired

Purchased a vehicle mid Oct 2019 with dealer (NOT 3rd party insurer) warranty included. Limited cover, but as it turns out, we have a problem which IS covered and is within time/mileage.

The dealer is no longer trading (at least not the same name/location) but I have discovered that the warranty was issued AFTER they had applied (Aug 2019) for voluntary strike off (dissolved Nov 2019), so they knew that they would not be around to support the warranty.

Does anyone have any advice/suggestions, as to my layman's mind this would seem to be fraud?
Thanks in advance for any responses.

Mercdriver

Sorry to hear of your plight.  Good luck getting money from a company that has been wound up...

AdrianC

And therein lies a great demonstration of why a dealer-backed warranty is not worth the paper it's written on.

Your claim is against a legal entity which no longer exists. The parallel is if you'd been given a personal assurance from somebody who had been given a terminal diagnosis, and subsequently died.

motorguy

Were they trading as that legal entity after they'd applied to be struck off?

I thought you had to have ceased trading and wound the company up to do that.

born_again

Is the warranty listed separately on the invoice & how much did it cost?
How did you pay for the car?

motorguy

born_again said:

Is the warranty listed separately on the invoice & how much did it cost?
How did you pay for the car?

The O/p has said "with dealer (NOT 3rd party insurer) warranty included"

DoaM

@eversotired how did you pay? Was any part of the payment on credit card, or other finance directly linked to the car purchase?

AdrianC

motorguy said:

Were they trading as that legal entity after they'd applied to be struck off?

I thought you had to have ceased trading and wound the company up to do that.

Only if they were insolvent.
Voluntary strike-off could be for any number of reasons.

motorguy

AdrianC said:

motorguy said:

Were they trading as that legal entity after they'd applied to be struck off?

I thought you had to have ceased trading and wound the company up to do that.

Only if they were insolvent.
Voluntary strike-off could be for any number of reasons.

I think you're missing my point.  You can only strike off a company if it has ceased trading for three months (among other things).  The O/P bought the car from the entity (still trading) in October 2019 AFTER they applied for a voluntary strike off in August 2019.

From HMRC's website relating to applying to strike off :-
https://www.gov.uk/government/publications/company-strike-off-dissolution-and-restoration/strike-off-dissolution-and-restoration

"the company may not make an application for voluntary strike off if, at any time in the last 3 months, it has:

• traded or otherwise carried on business
• changed its name
• engaged in any other activity except one which is necessary for the purpose of:
  • making an application for strike off or deciding whether to do so (for example, seeking professional advice on the application or paying the filing fee for the strike off application)
  • concluding the affairs of the company, such as settling trading or business debts
  • complying with any statutory requirement
  • made a disposal for value of property or rights that, immediately before ceasing to trade or otherwise carry on business, it held for the purpose of disposal for gain in the normal course of trading or otherwise carrying on business"

The_Rainmaker

Looks like fraud, you could seek advice on going after the directors.  Not sure it would be worth the energy though.

born_again

motorguy said:

born_again said:

Is the warranty listed separately on the invoice & how much did it cost?
How did you pay for the car?

The O/p has said "with dealer (NOT 3rd party insurer) warranty included"

Hence my question.
OP did not make it clear if it was paid for. Some dealers charge...