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Need advice: warranty company won't pay out due to problem with the dealer. Who's at fault?

(15 Posts)
ConnieBaby Wed 06-May-15 11:12:39

Bought a car with a 3mth warranty. Car basically collapsed after 2mths so hot a quote and contacted the warranty company. They said, yes, all fine but you need another quote for the work from a named dealer and you need to get back to us with it within 10days. We did this. However, when we contacted the

ConnieBaby Wed 06-May-15 11:16:59

When we contacted the warranty company they said, sorry, just checked our records and dealer didn't bother paying for this. We asked how can that be as we have a warranty document with your name on it. They basically said as he (dealer) uses them a lot he has a prescription pad type thing of blank warranties. However, in this case, he didn't activate it by paying. They advised going back to him. He is refusing anything saying now that the 3mths is up then it's tough. The 3 mths is now up but it wasn't when we contacted the warranty company.
Any ideas on what to do? Dealer said he's not interested in even talking to us. Warranty company said not their problem as it wasn't ever paid for by dealer .

peggyundercrackers Wed 06-May-15 11:32:00

probably best have a read of this page - lots of good advice

ConnieBaby Wed 06-May-15 11:38:02

Thanks, Peggy. I read that yesterday but it just advises what your rights are and to go back to the garage and if no luck then trading standards.
I think the garage are liable but are refusing to speak to us. But I also think the warranty company need to shoulder some blame as they cannot issue blank documents which they then don't honour. That website also says that a warranty is a contract between us and the warranty company.

Quitelikely Wed 06-May-15 11:44:45

Your problem is with the dealer. He mis sold you a warranty.

I can't understand why, if you knew two months in the car was ruined you didn't contact the dealer then?

Either way he's liable.

SoupDragon Wed 06-May-15 11:46:29

Contact trading Standards.

ConnieBaby Wed 06-May-15 11:55:48

Quite likely, we didn't contact him because the warranty certificate made clear that in the event of problems then we needed to contact the warranty company. We contacted them and they said that was correct. They then asked for extra quotes. Issue only arose when it became clear that he'd issued a warranty on their paper but not paid them for it.

worldgonecrazy Wed 06-May-15 12:04:56

This is a matter for trading standards and maybe the small claims court.

ConnieBaby Wed 06-May-15 12:47:42

So is our only option to pursue him through scc?

worldgonecrazy Wed 06-May-15 13:48:29

You've said both the dealer and the warranty company won't deal with it, so I would go to trading standards, and if that doesn't make either side do something, then pursue it through the small claims court.

peggyundercrackers Wed 06-May-15 14:05:41

did you buy the car on credit or use a CC to pay for it?

ConnieBaby Wed 06-May-15 14:47:12

Yes I've gone to trading standards this morning. They said I need to write recorded delivery and give garage a further 28days to sort it. If no response then I can go to small claims court. It's just such a long process and in meantime I have no car. Apparently no case with warranty company but I've reported them to the FCA.
Paid cash for car.

Collaborate Wed 06-May-15 14:54:35

It may also be fraud. He took your money and gave you the documents as if you had a warranty but then failed to pay the warranty company. It's making it taking someone's money to get a lottery ticket for them, but failing to buy a ticket and pocketing the money.

Speak to the police and make a formal complaint. Go to the press as well.

ConnieBaby Wed 06-May-15 18:19:01

Thanks, Collaborate. Citizens advice said not to bother with fraud issue as very difficult to prove.

Collaborate Wed 06-May-15 23:40:25

Well, that depends. Firstly, it's for the police to investigate. Secondly, if it can be shown he's done this with numerous other cars, how hard can it be?

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