BMW warranty voided due to immobiliser

BMW warranty voided due to immobiliser

Author
Discussion

CarCrazyDad

4,280 posts

36 months

Saturday 27th November 2021
quotequote all
Irrespective of which having a mechanical failure is not relevant to the Ghost.

An immobiliser is not a modification.

Bmw are being assholes. My son has used 2 dealers no issues.


MarkwG

4,850 posts

190 months

Saturday 27th November 2021
quotequote all
CarCrazyDad said:
Irrespective of which having a mechanical failure is not relevant to the Ghost.

An immobiliser is not a modification.

Bmw are being assholes. My son has used 2 dealers no issues.
Except you're wrong: the insurer can decide what they consider is, or is not, a modification, & whether they wish to cover that, or not. If the dealer knowingly or otherwise, withholds material details when they submit a claim, that's up to them too - but it doesn't change what's in the policy documentation.

sonnenschein3000

710 posts

91 months

Wednesday 1st December 2021
quotequote all
Just an update on my situation - I've had the non-BMW-approved tracking device removed by my local BMW dealer (which I paid for), and now BMW Insured Warranty Services are happy to cover me for extended warranty when the time comes.

sonnenschein3000 said:
I have a BMW that is under factory warranty at the moment, and I had initially planned to have the BMW extended warranty product once this expires next year.
It has a non-BMW tracker (Cat. S7) that was fitted by an independent installer, as my motor insurance company required a tracker.

I decided to contact the company who runs the extended warranty product for BMW to ask them if they would cover my vehicle with the non-BMW tracker fitted to it. To my surprise, they have told me that having a vehicle tracker fitted would "invalidate the warranty as we don’t know the impact it would have on the vehicle."

I personally feel this to be unfair, as this tracker is only connected by 3 wires (+12v BATT, +12v IGN, Ground), does not have an immobilisation function, and does not communicate with anything else in the car.

I have made a complaint to BMW (UK) about this, but I am yet to hear from them with a final response.
Edited by sonnenschein3000 on Wednesday 1st December 21:15

R35 Boxer

Original Poster:

68 posts

130 months

Tuesday 7th December 2021
quotequote all
The provisional decision from the Financial Ombudsman.


R35 Boxer

Original Poster:

68 posts

130 months

Tuesday 7th December 2021
quotequote all
TwighlightM4 said:
Hi, did you manage to resolve your case with the warranty company. I'm in exactly the same situation looking for advice. Warranty voided due to Ghost immobiliser, I've paid my £250 access under warranty and now the dealer is demanding full payment for the work carried out. Looking for some advice on how to persue this.
Hi,

I'm unable to send you a private message, if you can try to send me one I can let you know the best way to move forward.

CarCrazyDad

4,280 posts

36 months

Tuesday 7th December 2021
quotequote all
Excellent.

bolidemichael

13,883 posts

202 months

Wednesday 8th December 2021
quotequote all
R35 Boxer said:
The provisional decision from the Financial Ombudsman.

This screenshot text doesn't offer a firm conclusion.

grumbas

1,042 posts

192 months

Wednesday 8th December 2021
quotequote all
bolidemichael said:
This screenshot text doesn't offer a firm conclusion.
The Ombudsman is upholding the complaint (albeit a provisional verdict, as I think there is a timeline for appeal), seems pretty conclusive!

I think the previous screenshot was from a case handler, those give an opinion but aren't binding on the insurer, now the insurer has asked for an ombudsman to review in full it will be.

I've said a few times on here, the FOS are very fair and reasonable, I'm surprised more people don't make use of the service when they have a legitimate complaint.

a340driver

226 posts

156 months

Tuesday 14th December 2021
quotequote all
This sort of nonsense regarding warranty is why I paid £260 via the BMW app to add CarPlay rather than going down the internet route which would've been way cheaper, despite never hearing of problems with it.
I'm an overcautious idiot, I know biggrin

sonnenschein3000

710 posts

91 months

Monday 20th December 2021
quotequote all
a340driver said:
This sort of nonsense regarding warranty is why I paid £260 via the BMW app to add CarPlay rather than going down the internet route which would've been way cheaper, despite never hearing of problems with it.
I'm an overcautious idiot, I know biggrin
To be honest, I'd do the same now.
If I add anything to my car, I'll make sure its done through the official BMW channels

R35 Boxer

Original Poster:

68 posts

130 months

Friday 11th March 2022
quotequote all
Update

After an arduous year the FOS ordered BMW Insured Warranty to repair the car. The engine has been ordered and the car should be back on the road by the end of the month.

I want to say thank you to all of those who have offered advice and support throughout. As for those who were sceptical with my situation and had nothing but negative comments, I thank you too!

For anyone else who is going through something similar all I can say is be methodical in your approach and don't give up, you'll get there in the end. If you need any advice just drop me a message and I'll offer my assistance.

Next step is to issue court proceedings to recover the costs thus far as well as for replacement parts that are required due to the car being sat at dealers for over a year. It's crazy how many people have contacted me regarding this company in which they've had their policy voided for nonsensical reasons. Could be turning into a class action as far as my solicitors are concerned.

All the best.

nickfrog

21,176 posts

218 months

Friday 11th March 2022
quotequote all
R35 Boxer said:
Update

After an arduous year the FOS ordered BMW Insured Warranty to repair the car. The engine has been ordered and the car should be back on the road by the end of the month.

I want to say thank you to all of those who have offered advice and support throughout. As for those who were sceptical with my situation and had nothing but negative comments, I thank you too!

For anyone else who is going through something similar all I can say is be methodical in your approach and don't give up, you'll get there in the end. If you need any advice just drop me a message and I'll offer my assistance.

Next step is to issue court proceedings to recover the costs thus far as well as for replacement parts that are required due to the car being sat at dealers for over a year. It's crazy how many people have contacted me regarding this company in which they've had their policy voided for nonsensical reasons. Could be turning into a class action as far as my solicitors are concerned.

All the best.
That is fantastic news for you, well done. I was very sceptical (but not negative) as I know how tight Allianz have become.

Would you kindly publish the final decision letter from the FOS please ? (the language used in the letters you published was quite surprising).

This could be useful jurisprudence for future similar cases.

CarCrazyDad

4,280 posts

36 months

Friday 11th March 2022
quotequote all
nickfrog said:
That is fantastic news for you, well done. I was very sceptical (but not negative) as I know how tight Allianz have become.

Would you kindly publish the final decision letter from the FOS please ? (the language used in the letters you published was quite surprising).

This could be useful jurisprudence for future similar cases.
I'm old so have spent a fair amount of time reading various FOS outcomes, they are very much generally written in such a way (not 100% perfect langage)

I too would like to read the final outcome, but I'm appalled it's taken this long to rectify, I understand warranties have clauses like "You can't mod the car", which is fair enough, but adding an alarm clearly will have zero impact on an engine failure (for example) so cannot be related, an alarm isn't the same as a remap! (Clearly, as the FOS found in the owners favour)

R35 Boxer

Original Poster:

68 posts

130 months

Friday 11th March 2022
quotequote all










R35 Boxer

Original Poster:

68 posts

130 months

Friday 11th March 2022
quotequote all
A highlight for me and my solicitors is when AWP stated to the Ombudsman the key read data from my car shows it has covered an average of 0km over the past 6 weeks, bearing in mind I bought the car just over 6 weeks earlier.

The service manager from my dealership then sent me a screenshot of my key read from their computer and low and behold it showed my car having covered nearly 1000 miles in that same time period. Anything to try to get me to back off.

Also it was stated that faults were displayed on the cars ECU dated before the warranty started. When asked for specific dates I received no response. I was then educated by my dealership that the E60 cannot show date stamps on the fault codes, its not that advanced, only the mileage when the fault occurred is shown.

Two instances where AWP tried to fabricate evidence against me in order to get out of the claim. The fact they think £250 is an acceptable amount of compensation is laughable. I've spent more in toilet paper over the past year!

Trevor555

4,457 posts

85 months

Friday 11th March 2022
quotequote all
R35 Boxer said:
Update

After an arduous year the FOS ordered BMW Insured Warranty to repair the car. The engine has been ordered and the car should be back on the road by the end of the month.
Thanks for letting us know the outcome, wonderful news..

Did the FOS make the warranty company re activate your warranty?

And ifs so extend it by the time the car's been at the garage?

R35 Boxer

Original Poster:

68 posts

130 months

Friday 11th March 2022
quotequote all
Trevor555 said:
Thanks for letting us know the outcome, wonderful news..

Did the FOS make the warranty company re activate your warranty?

And ifs so extend it by the time the car's been at the garage?
The warrant company are refusing to reinstate the warranty as the Ombudsman only stated they repair the car. Common sense would dictate that if the reason for the warranty being voided has been refuted surely the warranty should continue but oh well more ammunition for the impending court case.

CarCrazyDad

4,280 posts

36 months

Friday 11th March 2022
quotequote all
R35 Boxer said:
The warrant company are refusing to reinstate the warranty as the Ombudsman only stated they repair the car. Common sense would dictate that if the reason for the warranty being voided has been refuted surely the warranty should continue but oh well more ammunition for the impending court case.
Firstly congratulations on "winning"
And well done to the FOS for seeing common sense, the FOS always seem very reasonable and fair , and knowledgeable on such matters. Excellent job.

I can understand why BMW Insured would not want to take on the policy again, as you / the car are now "problem units".

Would you even want the warranty given how difficult it's been?


So my understanding you are taking BMW Insured to court further for additional costs and to re-instate cover based on the result of the FOS hearing?
If that's correct, I wish you luck my friend, certainly sounds like you've been through the mill with it.


The FOS ruling state you didn't outline costs of hire cars etc, did you?
Did you include invoices from hire cars, taxi costs and so on?


R35 Boxer

Original Poster:

68 posts

130 months

Friday 11th March 2022
quotequote all
CarCrazyDad said:
Firstly congratulations on "winning"
And well done to the FOS for seeing common sense, the FOS always seem very reasonable and fair , and knowledgeable on such matters. Excellent job.

I can understand why BMW Insured would not want to take on the policy again, as you / the car are now "problem units".

Would you even want the warranty given how difficult it's been?


So my understanding you are taking BMW Insured to court further for additional costs and to re-instate cover based on the result of the FOS hearing?
If that's correct, I wish you luck my friend, certainly sounds like you've been through the mill with it.


The FOS ruling state you didn't outline costs of hire cars etc, did you?
Did you include invoices from hire cars, taxi costs and so on?
I completely understand why Insured wouldn't want to give me a warranty since I've embarrassed and exposed their tactics, but I look forward to hearing their reasoning in court, I doubt "problem units" will be accepted by the judge.

In terms of why continue the warranty, BMW Insured have the responsibility of being endorsed by BMW themselves to provide quite possibly the most premium warranty available for these cars so they should stand by that. I plan on driving my car regularly so a warranty in my eyes is needed. If an issue arises yet again I have no qualms in starting all of this again.

In terms of invoices, the FOS initially ruled in my favour in the provisional decision but this was then changed when AWP mentioned the fictional fault codes. I then had 4 weeks to try to disprove this and provide any information before the final decision was issued. I did not realise this also meant that the invoices had to be submitted by then. My priority was to get a decision in my favour and I wasn't focused on the invoices at that time. Since the final decision has been made I'm unable to submit any other documents so going further with a court case is the only option.

I would have like to sort this out directly with AWP but they have not been in contact since the Ombudsman published their decision. I tried calling from my mobile to which the call instantly cut out. I called with another phone and the call went through. Just out of curiosity I decided to put my phone onto No Caller ID and surprise surprise the call went through. This has also been recorded and documented for the court case. It's an absolute joke in the way they conduct themselves.

CarCrazyDad

4,280 posts

36 months

Friday 11th March 2022
quotequote all
That sounds awful

Genuinely wish you all the best, sounds like you've been put through the ringer somewhat.