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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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In July 2015 I purchased a second hand car for £15k. I took

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in July 2015 I purchased a second hand car for £15k. I took out the extended 2 year warranty offered by the seller (a reputable trade seller) at a cost of £500. Due to a mechanical failure of a part, the car has had to be repaired at a cost of £3,200. The warranty company advises that the car is not covered under the terms and conditions of the warranty, in that it was not within the manufctuers recommended service intervals. It transpires that in the past service history and prior to the purchase of the vehicle by myself, the car went 13 months between a service, when the manufacturer recommends either 12 months or 15,000 miles (which ever comes first). Would I have a case to claim the £500 for the extended warranty back from the selling dealer for selling me a warranty which was invalid on the day of purchase, as the car could never comply with the policy terms and conditions?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 1 year ago.
Thank you ben, nice to speak with you

Did you have the chance to see the full terms of the warranty and were you told it will be suitable?

Customer: replied 1 year ago.
I can't remember if i was offered to view the full T&C's, but the car was sold with a 6 month warranty included in the purchase price and I was offered to extend it for 2 years at a cost of £500, which i did, so the original 6 month warranty would have also been invalid, as the car could not comply with the warranty companies terms and conditions.
Customer: replied 1 year ago.
are you still there Ben?

Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Many thanks for your patience. I must say it may not be that easy to hold the seller liable for the sale of the warranty even if the car did not comply with the T&Cs at the point of sale. What the seller would have done is given you the option to extend to purchase this warranty. That does not mean that they promise you and ensure that the car is compliant with its requirements. In essence that is for you to find out and satisfy yourself because you are the one taking out the warranty under your name. They are not the ones who offer the warranty also – they only offer you the opportunity to buy the warranty from a third party, so they do not run the scheme and neither are they a signatory of the warranty and the contract which covers it. The seller is not actually legally obliged to know the terms of the warranty to ensure that the car will comply with them, which would have been for you to satisfy yourself with prior to agreeing to it.

Saying that there is nothing stopping you from exerting some pressure on them to try and hold them liable for the way the warranty was sold to you and for trying to get them to honour at least part of the extra money you had to spend as a result of their involvement. I would probably not go as far as court but I would certainly try every other trick in the book short of issuing a claim and you could end up with at least something.

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Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Customer: replied 1 year ago.
Thanks Ben, not the answer I would have liked as such, but at least I know were I stand, so thank you. I will take you advice and push the dealer as hard as possible to see if I can get something out of them.

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