Independent dealer warranty issue

[dancraddock]

So, I recently bought a 2019 Caravelle 4motion from an independent van dealer based about 200 miles from where I live. This was sold to me with a 3 month warranty as stated on their website and when I questioned how the warranty worked, the salesman explained that it was through a warranty provider and I could use any vat registered garage nationally. Any questions on the scope of the warranty were brushed aside as it "was a reputable company" and no limitations were made clear at the time of the sale.

Just under 2 months into ownership it developed a fault which was causing the SC33 fuse to blow and throwing up a load of warnings on the dash. The only garage in my area that could fit it in at the time was my local VW commercial vehicle franchise who diagnosed it to be a dodgy haldex pump. Along the way they also picked up that one of the headlight sensors had failed and they successfully filed for a warranty claim on that. The haldex diagnosis took a little longer and so was filed as a separate claim a week or so later. This claim was rejected and it transpired that the dealer had bought a policy with a single claim / £500 limit that had been used up with the headlight sensor. The limitation on the warranty was not communicated to me at the time. I obviously needed the car back and so once it was clear that the warranty company wouldn't pay, I have had to pay the £1000 it cost to diagnose and repair the haldex pump. I then sent the invoice back to the van dealer hoping that they would reimburse me, or at least give me a substantial contribution. This was 2 weeks ago and despite several calls and lots of assurances that they would see what they can do, I still haven't had any money, or agreement.

Does anyone have any experience with used car warranties falling short and methods of recovering the shortfall from the sales garage? Am I headed straight to the small claims court, or are there other avenues I should be exploring first?

 

[Bav]

It's a shame you didn't contact the van dealer prior to shelling-out for the haldex pump, as you could have used the threat of rejecting the van as leverage for (at the very least) a significant contribution. Not sure if you can reject and get all your money back now that you've paid for a repair - may be worth finding out.

An alternative to using the SCC is to use the Motor Ombudsman service, which is a free (to the consumer) service whose decisions are binding for the dealer, but non-binding on the consumer (i.e. you could still go through SCC if you're not satisfied with the outcome of the MO process).

A few things to be mindful of are:

• You need to have fully exhausted the van dealer's internal complaints procedure (or have waited at least 8 weeks from the date of you first raised a complaint) before you can engage with the MO.
• The MO can only take up your case if the van dealer is signed-up to the MO's code of practice (you can check this via the link provided, above).
• If you use the SCC subsequent to the MO making a decision, the courts will be heavily influenced (though not bound) by the decision the MO made.
• There's currently a significant delay between submitting a case to the MO and them appointing a case administrator (up to 6 months I was told), so not a quick fix if you need your money back in a hurry.

HTH

 

[Mick]

So, I recently bought a 2019 Caravelle 4motion from an independent van dealer based about 200 miles from where I live. This was sold to me with a 3 month warranty as stated on their website and when I questioned how the warranty worked, the salesman explained that it was through a warranty provider and I could use any vat registered garage nationally. Any questions on the scope of the warranty were brushed aside as it "was a reputable company" and no limitations were made clear at the time of the sale.

Just under 2 months into ownership it developed a fault which was causing the SC33 fuse to blow and throwing up a load of warnings on the dash. The only garage in my area that could fit it in at the time was my local VW commercial vehicle franchise who diagnosed it to be a dodgy haldex pump. Along the way they also picked up that one of the headlight sensors had failed and they successfully filed for a warranty claim on that. The haldex diagnosis took a little longer and so was filed as a separate claim a week or so later. This claim was rejected and it transpired that the dealer had bought a policy with a single claim / £500 limit that had been used up with the headlight sensor. The limitation on the warranty was not communicated to me at the time. I obviously needed the car back and so once it was clear that the warranty company wouldn't pay, I have had to pay the £1000 it cost to diagnose and repair the haldex pump. I then sent the invoice back to the van dealer hoping that they would reimburse me, or at least give me a substantial contribution. This was 2 weeks ago and despite several calls and lots of assurances that they would see what they can do, I still haven't had any money, or agreement.

Does anyone have any experience with used car warranties falling short and methods of recovering the shortfall from the sales garage? Am I headed straight to the small claims court, or are there other avenues I should be exploring first?

There is also any legal cover you have on your home or van insurance policy.