Our used car developed a fault - is the dealership liable or the warranty company?

My daughter recently purchased a 2009 MINI Cooper from a small dealership. At the same time she purchased an extra nine months warranty to the three months warranty included in the price, costing her an extra £140. We are now having to make a claim under the warranty for a half seized water pump. The dealership are telling us that the whole claim is to be dealt with by the warranty company. Unfortunately my daughter will have to incur the costs of the difference in the hourly rate of £58/hour, the 10% excess and costs of parts not covered. I have currently calculated this to be £176.00 including VAT but not the 10% excess as the part price is unknown at the moment. Please could you advise if the dealership are responsible for this claim as it is within three months of purchase or whether they are correct in advising us that the warranty company are wholly responsible for dealing with it?

Many thanks

Asked on 20 July 2018 by Sarah Kershaw

Answered by Honest John
The dealer that sold her the car is wholly liable for the entire cost of replacing the waterpump because the fault is deemed to have been present or developing before she bought the car. The warranty insurer cannot be held liable for a fault that was present before the warranty was taken out because that would be insurance fraud. Tell the dealer either he pays for the replacement waterpump in full or you will sue him in Small Claims. See: www.honestjohn.co.uk/faq/consumer-rights/
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