Case for mis-sold warranty not made out


The Consumer’s allegation that a warranty had been mis-sold was not properly pleaded.

Author: Howard Tilney
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This article is 2 years old.

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So the Court found at a recent hearing against our member.

The Consumer’s allegation that a warranty had been mis-sold was not properly pleaded and had the Warranty Company concerned honoured the warranty, as required under its terms, then the parties would not have been before the Court, in any event.

The Judge noted there were lots of examples where the warranty did not cover certain issues/parts but that did not necessarily render the warranty invalid, as the Consumer alleged.

That said, our member was found liable for the cost of repair, which it previously offered at mediation but had been refused.

Since the hearing would have been avoided had the Consumer properly accepted such offer, the Judge did not allow recovery of the hearing fee and the interest claim was reduced from 8% to 2 % per annum, as argued.

Howard Tilney

Legal Advisor

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