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Warranty

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  • Warranty

    Just looking for some advice.
    In November 2021 I had a business quote me to put a protective coating on my car. With the quote I was informed the coating comes with a four year warranty. The warranty would be supplied after the coating was applied and all monies owed paid. It was also agreed that a monthly maintenance wash would be carried out at extra costs. The coating was applied and all payments made. The car has had 3 maintenance washes since the coating was applied and on each occasion I have asked about the warranty I was told it was being sorted out. To cut to the chase I have now cancelled the car detailers services due to his poor workmanship and time keeping. He is refusing to give me any details or sight of the warranty and is threatening to stop any communications with me.
    Nothing was put in writing at the time I accepted the quote but on his web site it states all coatings come with a four year deal and I have proof that the work was carried out via email messages.

    so do I have any legal rights regarding the warranty

    many thanks for any advice given

    bomber99
    Tags: None

  • #2
    As a first step, you could consult the Trading Standards to see what they say about the matter

    Comment


    • #3
      Hi Sam101
      thanks for your reply
      i will contact Trading Standards on monday morning
      in the meantime just asking if anyone knows legally where I stand with the business refusing to give me the warranty details.

      Comment


      • #4
        You appear to be entitled to require full performance by the other party of his contractual obligations. What you say indicates that this includes providing a warranty.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Thank you atticus for your input.

          I will message him again, but the trader is refusing to respond.
          just a little info, I have been in contact with the maker of the coating the Car Detailer uses. They informed me the car detailer is an accredited user for their product. (Product Not on sale to the general public) I asked them about the warranty and after looking through their records there was no record of me having a warranty with them. On their web site there is a form to fill in where you put your details in, and the car detailers accreditation number. You also have to register the details within fourteen days of purchase. Which I never had the opportunity to do or was informed I had to do.
          I have asked the Car Detailer if the warranty he spoke about is with him or the maker of the product he used, but again he will not respond, although on his business web site he does state the coatings come with a four year warranty.

          many thanks for your responses, much appreciated
          Bomber99

          Comment


          • #6
            Your contract is with the seller.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Thank you atticus
              that makes sense and probably why he is ignoring my emails.

              Comment


              • #8
                Trading standard on a lot of these issues refer you to Citizens advice bureau as they have an agreement.,:-

                ​​​​​​Your rights:


                You might be protected by the Consumer Rights Act 2015.


                You’ll have legal rights if the item you bought is broken or damaged ('not of satisfactory quality'), unusable (‘not fit for purpose’) or not what was advertised or doesn’t match the seller’s description. You won’t have any legal rights if it was damaged by wear and tear, an accident or misuse, you knew about the fault before you bought the item or you’ve just changed your mind.

                As you bought the goods xxxxx xxx xxxx can ask you to prove the problem wasn’t your fault.



                You can ask xxxxxxxx to repair or replace your xxxxxx. They shouldn't charge you for this and they should do it as quickly as possible. If it's taking a long time to repair or replace your xxxxxxxx it's not possible or it's causing you a problem, you might be able to get a refund. If you'd prefer to keep the item, you can ask xxxxxxxxxfor some money back. Usually this would be the same amount as it would cost to fix the problem. If you want, you can choose to accept another repair or replacement. Contact some other companies to see how much they'd charge to fix the problem. Get this information in writing and use it to decide what a fair price is.

                If you've lost any money because of the problem, you might be able to claim consequential losses from xxxxxxxxxLtd. Consequential losses are any money that you are out of pocket by due to the issue. You may be asked to prove this.


                xxxxxxxxx Ltd should refund you within 14 days. They'll give your money back in the same way you paid (for example, by refunding it to your card or giving you cash), unless you agree to something else.

                Your next steps:

                Tell xxxxxxxxLtd that you've got a problem. If you can't agree how to sort it out, ask them what their complaints process is. Make a note of who you speak to and keep a record of any messages. Follow their complaints process. If they don't have a complaints process, then email or write to them. Explain what the problem is, how you'd like them to sort it out and set a date for them to reply to you.

                If you contact by email, send it with a read receipt. This tells you when the email was received and read. If you use webchat, it's a good idea to save a transcript of the conversation. If you complain by post, send the letter using a recorded delivery service. This lets you track the letter, and prove it was sent and received. Template letters can be found here (https://www.citizensadvice.org.uk/co...tters/letters/).

                There's also a way you can solve disagreements without going to court - it's known as 'alternative dispute resolution'. Ask the trader if they're a member of an alternative dispute resolution scheme. This is also known as an 'ADR scheme'. You must complain to the trader first, before you make a complaint to the ADR scheme. Step by step guidance is on our website.


                As you have paid by credit card and the contract value is less than £100 then you could contact your credit card company and ask them if they offer a chargeback scheme. Chargeback is not a legal requirement however some banks offer this.
                What we will do:

                We will inform Trading Standards of the information that you have provided. If you have any more problems please call us on 0808 223 1133 or reply to this email, with your reference number.
                Last edited by MIKE770; 3rd April 2022, 20:08:PM.

                Comment

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