Car Warranty dispute

[Bobbia]

I'll try and keep this short

March 2020 I bought a used Kia from Motorpoint with manufacturers warranty intact. I bought it as the 7 years was attractive. Book was stamped albeit not at a Kia dealer. No worries, block exemption legislation+ assurance from Motorpoint all cheery

Fast forward 3 years the DPF goes on the car. Take to Kia. Refuse to complete the work under warranty because there is no invoice of the Motorpoint service (I. E before I bought the car from them). Kia claim DPF is oil sensitive and despite me showing every service since was done with compliant grade oil they won't honour without proof from Motorpoint

Approach motorpoint and they provide service invoice which shows oil and filter change

However, it shows they've used petrol oil, not diesel oil

KIA refuse the work under warranty saying although I can now prove the service, it was in contravention of their warranty terms so it's void

I approach Motorpoint and ask them to pay for the repairs as they were responsible for voiding the warranty

They refuse saying "the car wasn't fault when you bought it as its taken 3 years for the fault to develop"

My argument is with the warranty. If it was still valid, Kia would have fixed it. They say its void through the actions of Motorpoint so I believe they should pay the cost of repairs which is around £2500

If I take them to small claims do I have a decent case?

Anything I should try or be wary of first?

Upto now I've exchanged emails with their customer services and have all the above in writing

Thanks

[dangar786]

Basically they sold you a car that you bought specifically because it has a 7 year warranty.

they’ve now ruined that because they used the wrong oil. As a result of that KIA are refusing to help you.

I don’t know what laws that comes under but it sounds like motorpoint is now liable.

[Bobbia]

You've put it far simpler than me! But yes that's pretty much the crux of the matter

I just have a feeling they are going to dig in

[Pezza54]

Misrepresentation Act. If Motorpoint advertised the car with Kia 7 year warranty and the warranty had been voided before OP bought the car then the dealer is guilty of misrepresentation.

[Pezza54]

It's not just the cost of repair OP can claim if Motorpoint refuse to replace the DPF, it's also the cost of a future warranty to match Kia's.

[Bobbia]

Thanks guys, really appreciate the help. I don't think I'm being unreasonable

All I asked for was the cost of the repair and indemnity for as long as I own it.

I've sent them another email and been really clear where I think I stand. If I do get a final "absolutely not helping" then would you recommend any other avenue before I start down the small claims route?

I.e write to the chief exec re the legal action? Tweet them? Or just go ahead with it

[Pezza54]

A court claim £3k - £5k costs £205 initially and can take several months. If the case reaches final hearing there is another fee £300-£400. The claimant can recover these fees if he or she wins the case.
If MP refuse to rectify the fault are you able to pay a garage yourself?
Did your email to MP state a time limit to respond?
If you do not hear back from MP or they refuse to do the work you should send them a LBA threatening court action for misrepresenting the sale.
The letter can be attached to an email but a formal letter sent by recorded delivery to the dealer may have more effect. Send a copy to the chief exec.
You could attempt adjudication at the same time but don't hold out any hope with this route.

[Bobbia]

Thanks pezza. This has been dragging on 3 weeks now

I wrote to them after 2 weeks saying I needed it back and would be forced to pay for the repair if they were still contesting

A week later I'm no further forwards so have told MP I'm having the work done and "paying under protest", but made it clear I still want to take it further

Ive been without a car in limbo all this time and I feel I've been patient enough

Good idea re the handwritten letter to the exec. I'll do that if this aspect fails

I'm OK with the fees up front as I feel I've done nothing wrong, but hope they see sense before it gets this far

[Pezza54]

Typed not "handwritten"
Keep receipts for your travel expenses where you would have used a car.
You are probably going to have show you mean business (LBA) to get anywhere.
I have read that a dpf replacement under warranty was refused because the car was used for regular short journeys. Don't admit to this.

[Bobbia]

Update:

So my complaint got escalated and I was called today by a senior person.

Spoke through my issue, was very reasonable, and actually listened to everything I had to say. Shows the downsides to email ping pong as in comparison was a totally different experience

Actually can't speak highly enough of him. Can't say whether this was part of their normal escalation procedure or whether because I'd made it clear I was willing to take the legal route.

Either way agreed to everything I asked for and transferred me the full amount within 2 hours via bank transfer. Even reinstated my void warranty with one of theirs so I'm covered again

Ultimately accepted that the act was a genuine error on their part but that this wasn't my fault. Case closed!

Thanks you for all your help everyone

[Pezza54]

Great news. MP can't risk bad publicity concerning a court claim.