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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70212
Experience:  Over 5 years in practice
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I would like to ask your assistance in relation to a car

Customer Question

Hi,
I would like to ask your assistance in relation to a car warranty insurance at Listers Audi in Birmingham which i have purchased on 22/5/14 to extend the normal 3 years standard warranty. The car was 5 months old at the time. This insurance supposed to start on 22/01/17 and it is to extend the warranty to five years, so it is a two years insurance. It costs us £575. In the terms and conditions they say I can only claim ie. transfer of ownership if I sell my vehicle during the period of my warranty to a new vehicle owner, provided that the car is sold privately and not through a garage.
The situation is that I am in the process of buying another vehicle from another Audi garage this Saturday. We called up Listers Audi and tried to find out if we can get a refund or transfer this extended warranty to my new audi vehicle (i understand it is from a different audi garage. My reasoning is that the extended warranty is not even starting until January 2017, I have not made any claim since I had the car and I feel ripped off by Audi saying that they cannot do anything as I am selling my car to another garage and he referred to the T&C as I said above which i understand. However, I think that under customers consumers right there might be a way to get a case. Could you advise me please? There must be a loop whole it is not right that they got the money for nothing. Thank you so much, I wait to hear from you. Agnes
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Do the T & Cs of your warranty say that you can transfer?
Customer: replied 1 year ago.
No T&C says I can only transfer to a new owner if I sold the car privately.
Customer: replied 1 year ago.
T&C says under cancellation thatI had the right to cancel the policy within 14 working days of buying this product. Under no circumstances will a refund be given if a claim has been paid. I fully understand but it seems very unfair especially that the extended warranty is not even started.
Expert:  Jo C. replied 1 year ago.
Well, that is a problem. It is unfair but that doesn't make it unlawful.
To be honest, warranties tend to be fairly useless. They don't do anything usually that the Sale of Goods Act would not and that is available for free.
I suppose you could try to argue that the T & Cs are worded in such a way as to only exclude refunds if a claim has been made and it has not but it is grasping at straws really.
That said, sometimes complaining can achieve far more than legal action would. They will often do far more than a court would make them.
The only other alternative is to argue that it is an unfair term and so void under UCTA but that is a high test and it is not really likely to succeed. The term per se is not unfair. It might be possible to argue that the distinction between private buyers is one without merit but I wouldn't rely on that.
You might find they will give in though if you challenge it.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Dear Jo,We have spoken to Audi Lister in Birmingham, they said there is nothing they can do for us. Even though the policy has not even started. We would like someone to challenge them on our behalf? Does the Consumer Rights Act gives us some justification to claim the monies because the product has not been used?In your letter are you suggesting that we formally complain to their complaints department?I wait to hear from you.Thanks
Agnes
Expert:  Jo C. replied 1 year ago.
No. The CRA has no application to this. That covers the sale of products. The product is not the issue here.
You could complain to their complaints department. It might achieve what you want or they might make some other offer.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Jo. We will follow your advise and write to their complaints department. Also it is a good learning curve and we will not purchase these again. Agnes
Expert:  Jo C. replied 1 year ago.
Sorry for the delay.
There are warranties and warranties but quite a lot of them are not worth having. They give you no more than the SGA would.