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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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looked at at a car Saturday Febuary 7 2015 at Pines of wickham

Customer Question

looked at at a car Saturday Febuary 7 2015 at Pines of wickham Hampshire left a deposite of £500-00 to secure the car.As there was work on the car wheels to be carried out it was surgested we picked up the car to day being Wednesday Febuary 11 2015. we also descusted a two year warrenty which I was told would be about £474-00,on arivel today to pay ballance on the car I was shocked to find the salesman Chris had allready payed for the warenty so he said and was not refundable.I had not seen any litriture on the warrenty untill he put the compleated forms in front of me,I started to read it and said it was not for me and did not want the warranty he told me If I did not pay I could not have the car till he had sorted out the problem.I live on the Isle of Wight so my wife paid with her Nationwide flexi account.How can we get our money back.Many thanks Gregg Chapman.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if you have any written confirmation that you would be able to pick up the car on 11 Feb please or was this only discussed verbally?

Joshua :

How long does the saleman consider it will take for him "sort out the problem" and how long are you prepared to wait (if at all)?

Joshua :

Would I be correct to assume that you made an unncessary special trip to the garage to collect the car only to be told as above?

JACUSTOMER-00sbp37b- :

Q1 Yes we have writen confirmation

JACUSTOMER-00sbp37b- :

Q1 yes we have writen confermation.Q2 He was vaige and I would like this finalised as soon as possabl.Q3 we made a special trip to pick up the car not to be told I had to pay for a warrenty I didnot want and have not signed for.

Joshua :

Thanks. On the basis that you have written confirmation of the collection date this constitutes a term of your contract and from what you say the garage is accordingly in breach of contract in failing to make the car available on the day they confirmed. The issue of the warranty is from what you say entirely a matter for them - whether it is an attempt at deliberate sharp sales practice, a misunderstanding or otherwise is irrelevant. As a consequence you have a range of options available to you:

Joshua :

If you decide you no longer want the car and simply want your money back as you suggest then you can email the garage (or otherwise write to them if you do not use email) referring them to the confirmed date for collection you have in writing and advising them that you are very disappointed that you incurred costs and wasted time in travelling to the garage only to be told the car could not be made available. As a result you can consider advising them that the garage is in breach of contract in failing to make the car available by the date agreed, and as a consequence you are making "TIME OF THE ESSENCE" and as a consequence require a full refund of the deposit paid within 5 working days.

Joshua :

You can go on further if you wish and reserve your position in terms of claiming travelling costs for attending their garage today to collect the car from your home and back again (though you may not want to pursue this).

Joshua :

If you still want the car you can contact them as above but instead set a deadline date of your choosing to make the car available after which you will require a refund as above.

Joshua :

Keep a copy of your email or letter that you send.

Joshua :

If they refuse to or simply do not refund you, your wife can claim a refund at any time within 3 months of making the payment simply by contacting her bank and asking them to issue a "chargeback" for the payment. They will send her a form to sign and will likely ask for a copy of your email or letter above and any response received. The refund will either be credited immediately or within a few days of you sending back the form and correspondence requested.

Joshua :

Is there anything above I can clarify for you?

JACUSTOMER-00sbp37b- :

Dear Sir I have the car which I am happy with its being sold a warrenty which I did not want and being told I had to pay for there and then or leave the car untill he could sort things out with the warenty as this had never happened before I feel I have been duped.

Joshua :

Thank you - what is your last post? Is this a proposed email you are going to send or information you are giving me? Did you take the car and buy the warraty product?

Joshua :

*warranty

JACUSTOMER-00sbp37b- :

This is infomation I am giving you. I was forced to bye the warenty product otherwise I couldnot take the car he informed me he had payed for the warranty last Saturday,he has made a mistake and wants me to pay.

Joshua :

Thank you. I am sorry - I had misunderstood from the above that you left empty handed without the car. I note from the above that you reluctantly bought the car with the warranty you did not want. Thank you for the clarification. I am glad you are at least pleased with the car. The good news is that all car extended warranty products include a 14 day cooling off period at a minimum. You can cancel the warranty product at any time within 14 days of purchase for any reason. You should contact the warranty provider directly to advise tem that you were told you had to buy the warranty cover by the dealer and that you do not want it and require a refund. They must refund you the money paid for the warranty cover as long as you contact them within 14 days of purchase. You must do so in writing. You can also contact them by phone if you wish but ensure you also confirm cancellation in writing by email for example. Ensure you keep a copy of your email to them cancelling.

Joshua :

Have I been able to help you with all your questions on the above?

Joshua :

Does the above help you with all you questions on the above?

JACUSTOMER-00sbp37b- :

Thank you so much for help and advice.Yours Ever Gregg Chapman.

Joshua :

A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me

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