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Ben Jones
Ben Jones, UK Lawyer
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Experience:  Qualified Solicitor
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I bought a car on 19th September 2017. 4 years old the

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I bought a car on 19th September 2017. 4 years old the dealer sold it with a 3 month "warranty" .
I purchased in October an extended 36 month warranty from an insurance company MotorEasy to cover mechanical breakdown repairs ( not recovery)On the 11th January I noticed the smell of petrol coming from the front of the car. This was diagnosed as a faulty fuel pump that was leaking and needed replacing .
I contacted Motor easy and sent them the garages diagnosis and estimate £530
At first they said I was covered by the retailers warranty the retailer "wrap" . When it was pointed out that this ended in mid December they then advised I should still pursue the retailer under the sale of goods act . They even provided me with the correct form of wording to put in a message to the retailer.
What should I do?
Do I send the letter to the retailer as MotorEasy want me to or do I tell them to man up and cover me as I've paid them to do.
I can send you copies of their emails to me

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

Have they said this type of issue is not covered by them?

Customer: replied 4 months ago.
This is what they have saidGood Afternoon.
The terms of your dealer wrap are that we will cover to the terms of our warranty if the dealer declines to assist you on a claim for a problem that occurs during the ‘wrap period.’We believe that you have a very good case to make a claim for repair under the Consumer Rights Act, which the dealer warranty would simply be distilling in terms of your rights. We have supplied a template wording below.We need you to provide a written response from the dealer in relation to a request for him to repair the vehicle to make it ‘fit for purpose.’If this request is declined, we can then re-assess the claim for you.However, these faults are of a nature that means they are probably pre-existing. As per point 9 under 'What is NOT included in your motoreasy plan?' We will not pay for any breakdown caused by components which were faulty before this plan started as identified in a prior garage visit or by an independent engineer.However, do stay in touch with us so that we can be of assistance throughout this process.
Motor EasyDear Sir/ MadamRef: DE63PVZOn [date] I purchased, and took delivery of, the above vehicle [make and model] from you. On [date] I discovered that it was not of satisfactory quality: [describe the problem].The Consumer Rights Act 2015 requires dealers to supply goods of satisfactory quality. However, the vehicle is clearly not of satisfactory quality and has not provided reliable transport for a reasonable length of time. You are therefore in breach of contract.I am legally entitled to reject the vehicle and to be reimbursed for its full purchase price of [£xx]. I look forward to receiving your cheque for this sum within 14 days or an offer to repair the [parts] or pay for the [parts], for which an estimate is attached.If you fail to reimburse me, I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you.Yours faithfully,
Customer: replied 4 months ago.
My car was inspected by Halfords on mother easy behalf before they would accept the underwriting of the cover
Customer: replied 4 months ago.

Thank you. They are correct that you still have rights under the CRA. Whether they have a duty to cover you themselves though will depend on what the issue is and if it was indeed a pre-existing problem. This can be difficult to determine sometimes and they do say it will come down to an independent garage’s opinion (how independent these are can sometimes be questionable as they do know each other from time to time or are willing to work to each others’ requests).

So if you wanted to pursue the dealer you still can - this is a statutory right. If the dealer declines you can still pursue them legally if needed. I would your stronger rights are against the dealer.

You can still put pressure on the warranty company. They may just be palming you off so that you claim from someone else, just because you still can. If they are adamant that they will not assist with this then you may as well go for the dealer and if that does not resolve the issue - you will then have two potential claims you can make - one against them and one against the warranty company - both are separate and arise out of separate legal rights but will both aim to get to the same outcome - fixing the car.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow if you eventually have to make a claim. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

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Customer: replied 4 months ago.
Thanks for this I'll consider my options and get back to you if I need further direction.
Straightforward? Sods law!

not always, unfortunately...but of course do get back to me if needed