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Mis-sold a warranty - should I refer to the Small Claims Court?
In negotiating with a national main franchised dealer on a used car part-exchange deal in early January, we stalled briefly when I considered the trade-in value of my old car was £500 short of the mark. To close the deal, I was offered an extra six months' warranty up to 12 months. We agreed and, about a week later, having collected the car, I realised that the Approved Used scheme on my newly bought car already included 12 months' warranty. I am now on my third letter to the dealership, none of which have received a written response, although I did have a phone call agreeing that they had forgotten the vehicle was covered by the Approved Used warranty, but nothing could now be done. I intend to continue to press for the extra warranty, but is this a case it might be worth referring to the small claims court?
Asked on 19 May 2012 by KW, Longwick
Answered by
Honest John
It would be a difficult case. But once you started and the dealer was landed with the court papers he would probably capitulate. Most of them have a policy of not doing so until they're on the courtroom steps. That was one of the first things I learned in the trade, from a man who had refused to pay his advertising bill because the amount would buy him another new car for stock.
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