Warranty dispute mis-sold?

Associate
Joined
13 Oct 2020
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4
Hi!!

I have a problem, I hope someone has had something similar or can give me general advice since I’ve never dealt with something like this before.

I got a car on finance just over a year ago, done about 3000miles, car has done less than 50,000miles and it’s 5 years old. It’s a Hyundai, when I got this car in finance from a well known dealership it stated on the paper work that I have the remainder of the manufacturer warranty on it.

Once the garages opened up I took my car to get an MOT and a service, the guy I take it too is a trusted family friend. He said there was a noise coming from the turbo. I checked when the car was registered and to my luck I was still about a week away from the warranty expiring.

I called Hyundai to ask if the turbo was covered under warranty which they couldn’t answer but was told to call around the dealerships. Got through to a helpful guy who said it would be but they need to check it. I asked about the issue of getting it booked in time for the warranty he said that they could appeal to Hyundai for when it was booked in but would be down the Hyundai.

I called them back - long story short I needed to get it in before the expiry on the warranty after back and forth I got it in on time. I was told that it would be covered but I would require invoices for previous services. I didn’t have those since I’ve only had the car a year. I was told by the dealership that they would inform Hyundai of this and it would be down to them.

Days later I was told that Hyundai wouldn’t cover it and the part would be £1700. I was told if I wasn’t happy to go on to Hyundai again, which I did they told me there was nothing they could do or willing to do because I couldn’t provide the paperwork. I made a complaint to the dealership as from my point they mid-sold me the vehicle they stated in my finance paperwork that I had the remainder of the manufacturer warranty but haven’t given me the relevant documents to be able to claim.

The complaint was made over a week ago, when I called I was informed that they were contacting the previous owner and garages it was serviced at. I thought great, sounds promising.

I received a call today and was told that because I serviced it late Hyundai have said no. I asked surely there is some leeway considering there’s an on going pandemic and garages were closed. I was told again to take this up with Hyundai. I advised the dealership I was unhappy as I have been told two different things and when I spoke to Hyundai they advised the dealership has their own warranty team and those were the ones who made the decision.

The customer service person advised I would get a call back once they spoken to this team.

I called Hyundai and they informed the reason they have denied the claim is due to the service history information not being provided as it wasn’t one of their garages. Nothing to do with the service date. When the dealership called me back they were extremely rude huffing and puffing down the phone. Told me it was the service history when I questioned if it was the late service or the not providing invoices he said it was the same thing.

Which in my book isn’t?

They also lied and said they had spoken to me that morning which wasn’t true. I’m waiting for Hyundai to send me the information that’s been sent back and forth between them and the dealership regarding the claim. If nothing is mentioned about the service date I’m taking it to my finance company because the way I see it, it wouldn’t matter if I had serviced it on time the relevant information hasn’t been given for me to make a warranty claim.

Any information or advice would amazing!

****UPDATE****
 
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Soldato
Joined
13 Nov 2006
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23,712
Firstly, that's a hell of a wall of text! People with more experience may be able to chime in here but I think you might be better off letting the finance company fight this. If you were sold a car with full manufacturer warranty and it turns out it's not valid then I reckon you've been missold the car. Do you have written proof that the car was specifically sold with the remainder of the manufacturer warranty?
 
Soldato
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To be fair if its been serviced outside of their dealer network I wouldn't expect them to cover a warranty on it for 5 years, especially if reciepts cant be provided to even prove genuine parts have been used. That is something I would look at before buying the car.
What does the dealer you purchased it off say, I take it they weren't Hyundai either? If they told you it had the remainder of the Hyundai warranty I would take it up with them.
 
Associate
OP
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13 Oct 2020
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Firstly, that's a hell of a wall of text! People with more experience may be able to chime in here but I think you might be better off letting the finance company fight this. If you were sold a car with full manufacturer warranty and it turns out it's not valid then I reckon you've been missold the car. Do you have written proof that the car was specifically sold with the remainder of the manufacturer warranty?

Sorry haha I knew it would be long winded but wanted to make sure I got the details in! On my finance information where it has my vehicle information what I traded in etc it states I have the remainder of the manufacturer warranty included. It’s on the second page!
 
Associate
OP
Joined
13 Oct 2020
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4
To be fair if its been serviced outside of their dealer network I wouldn't expect them to cover a warranty on it for 5 years, especially if reciepts cant be provided to even prove genuine parts have been used. That is something I would look at before buying the car.
What does the dealer you purchased it off say, I take it they weren't Hyundai either? If they told you it had the remainder of the Hyundai warranty I would take it up with them.

Attached to their dealership is a Hyundai auto parts, it states on the finance information they have checked it up to the manufacturer standards. So if they haven’t they shouldn’t have stated on my contract that I have the remainder warranty? I have taken it up with the dealerships customer service, complaint was raised but just got cheek and brushed off. Hyundai and the dealership are blaming one another. Hyundai say they can’t honour the warranty because the relevant documents can’t be provided and the dealership are coming up with any excuse to get me off the phone.
 
Soldato
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Assuming it isnt a Hyundai dealership this is the dealership's fault.

That's why you want a service history with the the manufacturer if buying second hand so that the digital service record shows it has been serviced properly.

Alternatively have a proper service record with receipts but I'm yet to see a dealer provide this. The sales people always blag this (i.e. lie).
 
Associate
Joined
13 Oct 2008
Posts
1,132
Firstly, that's a hell of a wall of text! People with more experience may be able to chime in here but I think you might be better off letting the finance company fight this. If you were sold a car with full manufacturer warranty and it turns out it's not valid then I reckon you've been missold the car. Do you have written proof that the car was specifically sold with the remainder of the manufacturer warranty?
This is the road I'd go down.

Good luck with it mate
 
Soldato
Joined
1 Mar 2010
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21,781
web says, hyundai says
For vehicles under warranty an automatic extension of 2,000 miles will be applied; the time limit being open ended. This will continually be reviewed in line with future government guidance. Please note that all other terms and conditions of the warranty must be met.
so you can see whether your service met their terms.

and, as commented, if dealer asserted car initially met mftr warranty requirements , that sounds a water tight promise, they/dealer must contractually meet.
 
Soldato
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19 May 2004
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3,840
The car should have come with a service book, if it's stamped that's all it should need.

The 5 year warranty is fine with an independent mechanic doing it so long as it's stamped and they are a professional.

If any of the previous services were late I'd say you had a case with the dealer. If it's just the most recent one and with the pandemic then that seems harsh (depending on how late).

I would be surprised that they would cover a turbo, thought this would be wear and tear.

Turbos should last longer than 5 years, that's not normal wear and tear and would be covered under the 5 year warranty.
 
Man of Honour
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Surrey
When buying from a dealer, if they saying writing that it is covered by the manufacturers warranty, then I would expect it to be covered. I would not expect to have to do my own checks on whether the cars history meets the criteria. This is part of the co tract between you and the dealer, not you and the manufacturer. If the dealer got it wrong then they should have to cover the costs of their error.
 
Man of Honour
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Darkest Norfolk
I thought a used car from a dealer had to come with a warranty but after a bit of research that doesn't seem to be the case.

That being said i think you have a good claim that if they claimed there was a manufactures warranty that isn't actually the case (as its been invalidated before your ownership) they misrepresented the car in the advert and to you.

Also there's EU legislation that says you can't force the buyer to use dealer garages to keep the warranty valid, although it may be that they get round that by splitting the 5 year term into two contracts (https://www.thecarexpert.co.uk/new-car-warranty-servicing/).

I'd push Hyundai to give you written confirmation they won't cover it and why, deal with them directly for now.
 
Soldato
Joined
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4,168
The car should have come with a service book, if it's stamped that's all it should need.

The 5 year warranty is fine with an independent mechanic doing it so long as it's stamped and they are a professional.

I think there is also the requirement to use Manufacturer's or OEM parts rather than just be professional
 
Associate
Joined
17 Nov 2002
Posts
366
Hi!!
I got a car on finance just over a year ago, done about 3000miles, car has done less than 50,000miles and it’s 5 years old. It’s a Hyundai, when I got this car in finance from a well known dealership it stated on the paper work that I have the remainder of the manufacturer warranty on it.

Was it a Hyundai dealership you purchased it from, the same one you have taken it back to. If so I'd say they would have to honour any warranty claims even if its prior service history was patchy as they sold it to you as having manufactures warranty. If it was another dealership though I'd guess you'd have to try and get them to pay the bill.

Always ask to see a cars history though too many dealers sell cars as fully serviced when they have patchy history at best. We were nearly going to buy a car from a well known network of dealers that sponsor F1 on 4, turned out not to have been serviced while it was leased luckily we found out before driving 2 hours to go see, it was a pain arguing with them that we wouldn't be buying it to get the deposit back. They even claimed that Nissan had told them we'd be fine but I didn't believe a word they said at that point.
 
Associate
OP
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13 Oct 2020
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***UPDATE***
After speaking to consumer advice, I contacted my finance company. Found out I don’t have a HP I have a thing called conditional sales agreement? Which meant any issues I would need to speak to the dealership. Consumer advice gave me a letter/email to send to them.

I made another complaint to the dealership, requesting any further correspondence be made via email and I received a response within a few hours. And this was their response

“Thank you for getting in touch.
As previously discussed, we cannot have the repairs carried out under manufacturer’s warranty as the car was not serviced to the manufacturers service intervals.
In regards to your last email we cannot accept liability for this issue at this stage, the car has been in your ownership for over a year now.
Once the car has been in your ownership for 6 months, the consumers rights act would place the onus on yourself, the owner of the vehicle to prove that the issue was present at point of sale.
Our records do not show this issue having been reported until now.“

I responded, Hyundai and the dealership are telling me two different reasons and according to the Hyundai website they provide an automatic extension for any late services(thanks to the person who mentioned it in these comments). Two days past and nothing!

I wrote a long winded email, stating I’m going to seek legal advice if this issue is not resolved.

Later that evening I got a phone call from the dealership and Hyundai. Unfortunately I missed it but they left a voicemail. Dealership just asked me to call back and Hyundai apologising due to the issues I was having and if I need any further assistance to call them, so I called the dealership the following day.

I was told by the dealership that they are going to cover the work that is required at no cost to me. Which is all I wanted, I know if I pushed it I probably would’ve got extras but it was such a relief to not worry about it.

I received a confirmation email after I spoke to the sales manager and today received another email stating that they have order the parts and will be updated when it’s complete.

I also got another phone call today from the dealership, which was an apology.

I thought I would update, just in case this helps anything that may go through something similar

Thanks to everyone who commented, the information was useful :)
 
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