Car dealer sold me a service plan but now 3 weeks later says its not applicable

liveo
liveo Posts: 24 Forumite
edited 3 January 2018 at 7:27PM in Consumer rights
Hi all,
I took my car in for a service about 3 weeks ago as it needed a major service (approx £375 list price). I remember back in 2016 before the previous service, the assistant at one of their sister branches tried to sell me a service plan for £360 which covers 1 minor and 1 major service so effectively you get a minor service free plus save about £15 so very good value, I asked him specifically if it covered my car being an "S" model and he said yes. I decided not to take it up at the time as it only needed a minor which cost about £175 and I was planning to sell the car very shortly after but have now decided to keep it for the foreseeable future.
When I phoned up Audi to book my car in for the latest service in December (2017), I asked to have the service plan for £360, brake fluid change, automatic gear box oil change, 4-Wheel drive oil change, MOT etc which all come to about £780! She said no problem and booked it in for the 14th December.
I collected the car about 3 days after the work was done as I had a busy week at work and couldn't collect it as soon as it was ready. When I went to collect the car the guy ran through all the work that had been done on the invoice with me and said my service plan had been set up successfully and it is clearly down on the invoice as "Segment 2 Service Plan Sold, 1 x major service (carried out 14/12/17), 1 x minor remaining". He took my £780 and said thank you and goodbye. This afternoon I got an unexpected telephone call from the pleasant lady assistant at the Audi dealer informing me that unfortunately they have come to set up the service plan with Audi Finance (who administer the service plan) and her service manager has found out that my model (an S model) is not covered by the plan and therefore even though I have paid for the plan, it is on my invoice and they told me when I collected the car that it had been set up successfully, she said this item on the invoice is now null and void and as a goodwill gesture they wont charge me the £15 difference between the list price of the major service (£375) and the service plan which cost me £360! Thanks!
My understanding is that they have entered into a legally binding contract with me because it is on my invoice and I have paid for it and it is their mistake that they did not know that my model was not covered by the plan before taking my money? Even with the legal aspect aside, surely they should just agree to carry out my next minor service for free as a goodwill gesture for their mistake, especially considering I have just spent £780 for all the service items to be carried out by them. Had I have known the service plan wasn't applicable, I would have visited my local independent dealer who would have used the same quality Audi parts but for a considerably cheaper price. Could anyone advise where I stand legally?
Thanks.
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Comments

  • unholyangel
    unholyangel Posts: 16,863 Forumite
    Name Dropper First Post First Anniversary
    So what did she say when you said to her that it was unfortunate their third party company wasn't willing to accept your model of car but - as an agreement has been formed - that was entirely their concern?

    Was the plan marketed/advertised as "subject to acceptance"?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • liveo
    liveo Posts: 24 Forumite
    I was in a meeting when she called but I said once I'm out of my meeting I will call her back, to discuss. I called back an hour later and receptionist said they are busy but will call me back. They didn't call back.
  • boo_star
    boo_star Posts: 3,202 Forumite
    First Post First Anniversary
    liveo wrote: »
    I was in a meeting when she called but I said once I'm out of my meeting I will call her back, to discuss. I called back an hour later and receptionist said they are busy but will call me back. They didn't call back.

    Perhaps call them back tomorrow?
  • liveo
    liveo Posts: 24 Forumite
    Yes definitely going to call her again tomorrow
  • Just trying to get my head around this.... Did you pay for 1x major and then a policy covering a further 1x major + 1x minor?

    If so then I'd say that you are entitled to:

    - A full refund of the policy

    - The price difference between the cost of 1x major in this garage VS one you would have chosen had you not been enticed in by this special offer. (wonder if that is close to the £15 GOGW?)

    Apologies if I've missed the mark completely, but the bottom line is that you'll need to figure out what losses you have incurred due to a contract breach/negligence on their part and then take them to small claims court.
  • giraffe69
    giraffe69 Posts: 3,558 Forumite
    First Anniversary Photogenic Name Dropper First Post
    When I bought my current car I also bought a service plan. It turned out the salesman had sold me something he should not have. The dealership honoured the deal.
  • visidigi
    visidigi Posts: 6,440 Forumite
    Name Dropper First Anniversary First Post
    The one thing that strikes me is an 'S' owner would know full well this doesn't cover the expensive servicing of an 'S'. And you did too by specifically asking well before taking up the offer.

    The question therefore becomes did you know it wasn't covered but because you asked and the sales person didn't quibble you went ahead or did you really have no idea (your original post doesn't lead me to believe you had no idea...).

    Its clearly called out on the audi site.
    https://www.audi.co.uk/owners-area/audi-insurance-warranties-and-service-plans/audi-service-plans/audi-service-plans-existing-vehicles.html
  • liveo
    liveo Posts: 24 Forumite
    Just trying to get my head around this.... Did you pay for 1x major and then a policy covering a further 1x major + 1x minor?

    If so then I'd say that you are entitled to:

    - A full refund of the policy

    - The price difference between the cost of 1x major in this garage VS one you would have chosen had you not been enticed in by this special offer. (wonder if that is close to the £15 GOGW?)

    Apologies if I've missed the mark completely, but the bottom line is that you'll need to figure out what losses you have incurred due to a contract breach/negligence on their part and then take them to small claims court.



    I paid for a service plan in December covering 1 x major which was carried out on the 14th December and there should be 1 x minor to be carried out within the next 18 months when the car decides it needs a service (the service interval is automatically calculated based upon your driving style and type of journeys etc). The only losses I would have suffered is not having a minor service carried out for free next time as part of the service plan I have purchased with is circa £175
  • liveo
    liveo Posts: 24 Forumite
    giraffe69 wrote: »
    When I bought my current car I also bought a service plan. It turned out the salesman had sold me something he should not have. The dealership honoured the deal.

    This is what I would have expected considering I have taken my car to them for the past 4 years to be serviced, I have just paid £750 for the last service (which includes the price of the service plan) and I was just about to pay them another £695 for a cam belt and water pump change in a few weeks time. The cost price to them for a minor service (which is basically just and oil & filter change is probably less than £50 based upon labour rates and the consumables involved.
  • liveo
    liveo Posts: 24 Forumite
    visidigi wrote: »
    The one thing that strikes me is an 'S' owner would know full well this doesn't cover the expensive servicing of an 'S'. And you did too by specifically asking well before taking up the offer.

    The question therefore becomes did you know it wasn't covered but because you asked and the sales person didn't quibble you went ahead or did you really have no idea (your original post doesn't lead me to believe you had no idea...).

    Its clearly called out on the audi site.
    https://www.audi.co.uk/owners-area/audi-insurance-warranties-and-service-plans/audi-service-plans/audi-service-plans-existing-vehicles.html



    You are quite right and it does say that "S" models are not covered in the link you have provided, I have not seen that page or the small print before). The prices they have charged in the past have been the ones for normal models, not the more expensive ones for the likes of "S" and "RS" models etc. I have questioned them in the past over whether I have to pay the more expensive "S" model prices and they have said verbally that the prices they will charge me are the ones that they charge for normal vehicles. Unfortunately this was verbal and not in writing. They have honoured this at the sister branch several times and that is why he offered me the service plan I'm guessing.
    I didn't know my vehicle wasn't "officially" covered before I asked the sales person for it this time as I had been told by one of her colleagues previously (albeit a different branch of the same franchise) that my vehicle is included which is why he offered it to me.
    The assistant at this branch that sold me the service plan this time should have sufficient training and knowledge of their rules, procedures and product offering to be able to tell me long before 3 weeks after I have paid for the product and me being told several times that it wasn't a problem and it had been successfully been set up. They have effectively lied to me as well. They are now ignoring my telephone calls as well. All in all very poor customer service.
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