Vehicle Warranty Claim - Need Help

Vehicle Warranty Claim - Need Help

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Sheepshanks

32,722 posts

119 months

Tuesday 28th July 2015
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spaximus said:
It is my opinion that all these aftermarket warranties are basically not worth the paper they are written on. Sure they will pay odd claims that they can use, but in the main they avoid paying.

Our fleet of vans at 80000 miles are suffering from timing chain failure, you would think they are covered, but no wear and tear is the one we are arguing with at present.

I can understand why they want to fight, £4.5k repair on a van worth £5k is bonkers but that is why we took them out.
Warranty Direct just paid in full, at franchise dealer rates, for two suspension arms on my near 11yr old Merc. No excess and no betterment charge. Banked the cheque (£460) yesterday.

160

239 posts

145 months

Tuesday 28th July 2015
quotequote all
Centurion07 said:
spaximus said:
It is my opinion that all these aftermarket warranties are basically not worth the paper they are written on. Sure they will pay odd claims that they can use, but in the main they avoid paying.

Our fleet of vans at 80000 miles are suffering from timing chain failure, you would think they are covered, but no wear and tear is the one we are arguing with at present.

I can understand why they want to fight, £4.5k repair on a van worth £5k is bonkers but that is why we took them out.
Why would it be anything other than wear & tear at 80K? confused
chains are usually counted as lifetime items with no service schedule. Same way I got skoda warranty to replace a water pump at 60k miles they are not a service item.

spaximus

4,231 posts

253 months

Tuesday 28th July 2015
quotequote all
General Fluff said:
spaximus said:
It is my opinion that all these aftermarket warranties are basically not worth the paper they are written on. Sure they will pay odd claims that they can use, but in the main they avoid paying.

Our fleet of vans at 80000 miles are suffering from timing chain failure, you would think they are covered, but no wear and tear is the one we are arguing with at present.

I can understand why they want to fight, £4.5k repair on a van worth £5k is bonkers but that is why we took them out.
You have multiple vans all suffering from timing chain failure?
Yes we do, we are dealing with the manufacturer at a very high level with this as the warranty is an extra warranty we purchased as part of the fleet deal. This is not administered by the manufacturer other than the initial sale.
In answer to another question, the chain is none serviceable, there are no restrictions on the policy regarding mileage so the expectation is that a timing chain snapping at that mileage is not normal and should be covered.
In all our dealings it has been a fight to get payments, which we have had on some failures.
Others may well feel differently but I would never buy an aftermarket warranty, yes there is always a risk you may get a big bill but you are in control

Jay_87

Original Poster:

1,053 posts

204 months

Tuesday 28th July 2015
quotequote all
Right update.

Warranty Wise have rejected the claim on ground that it must be a pre existing fault.

I have now spoken to the supplying dealer and he is rejecting to take the car back or fix it, no reason other than "you cant just return a car"

Whats my next step? Do I now need to send a letter requesting my money back within 7 days and the car collected? Or is there other steps I need to take first.


JimmyConwayNW

3,062 posts

125 months

Tuesday 28th July 2015
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Dealer needs to repair or replace the box at his own expense.

I don't feel you should be responsible this early into the ownership.

Jay_87

Original Poster:

1,053 posts

204 months

Tuesday 28th July 2015
quotequote all
This is what I though/feel.

He is saying its not down to him to repair or take the vehicle back because I drove the vehicle away. The outcome I want is for the car to be returned and for me to receive a full refund.

lucee

203 posts

176 months

Tuesday 28th July 2015
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That's the thing, we're 4 weeks into ownership and we've not had the car for a week of that time as its been at VW.

For the independent dealer to turn round and basically say "no chance" to taking the car back or even helping to fix it seems wrong to me.

I've told Jay to call Citizens advice to get a better understanding of where we stand and what the next steps are.

To identify myself, I am the wife and I'm doing the typical wifey thing of getting annoyed.

itcaptainslow

3,699 posts

136 months

Tuesday 28th July 2015
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hora said:
How I'd approach things- play it fair but fast. If a call or email etc isn't returned move to the next step. Keep the momentum going. Stress and wearing-feeling comes from time dragging on. Get the ball rolling and keep it rolling.
This. The A/C alone it would be debatable whether it's worth going legal on a £4k car, but even to a layman £2k + worth of gearbox repair a matter of weeks into the ownership of the car is OTT.

It looks as though the dealer isn't responding to a "softly" (i.e. discussion over the phone) so it's time for a formal letter requesting they either fix the car within a reasonable timeframe or refund IMO.

Hope it gets settled in a satisfactory manner.

Jay_87

Original Poster:

1,053 posts

204 months

Tuesday 28th July 2015
quotequote all
4k is the total cost of the repairs.... car was £8995

Ive looked at the which website, was quite helpful ive printed the letter I wront yesterday and i'l be sending it via signed for delivery this evening. It basically states he has 7 days in which to reply and offer me a full refund or court proceedings will start against him.

Ive spoken to WW... very helpful company in all honesty. Explained the timeline and events that occurred and they believe he's tried to pull a fast one, sold a car with an issue in the hope WW will fix it. It didnt add up that when the warranty was only taken out on the 14th July... The day after I reported the issue with the gearbox. (car was purchased on 28 June)

Volkswagen Leicester, again very very helpful, they have put a full report together of their findings and also put in writing that the mechatronic unit is not a wear and tear item and therefore should be covered by either WW or the supplying dealer.

Im going to collect the car tonight and leave it on my driveway.

....I have a feeling this will end up in court.

Torquey

1,895 posts

228 months

Tuesday 28th July 2015
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Don't take any of this as gospel but I thought every dealer had an obligation to ensure the vehicle was fit for purpose for up to 3 months after the sale?

They don't have to (and I wouldn't expect them to) give you a refund but they are obliged to repair the car for you. This is the route you should take.

As for the air conditioning - if that was stated in the advert then it must/should work.

Jay_87

Original Poster:

1,053 posts

204 months

Tuesday 28th July 2015
quotequote all
Torquey said:
Don't take any of this as gospel but I thought every dealer had an obligation to ensure the vehicle was fit for purpose for up to 3 months after the sale?

They don't have to (and I wouldn't expect them to) give you a refund but they are obliged to repair the car for you. This is the route you should take.

As for the air conditioning - if that was stated in the advert then it must/should work.
Yeah car was advertised with climate control. Im going to push for a refund in the hope that comes off, I would happily accept the vehicle being repaired but I just worry about what else could be wrong with it to be honest. For my own peace and mind and a resolution to this id like to be refunded.

It hasnt put me off VW's or DSG gearboxes, If this one goes I'l be back on the hunt for another one.

Sheepshanks

32,722 posts

119 months

Tuesday 28th July 2015
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Jay_87 said:
It hasnt put me off VW's or DSG gearboxes,
It should do - they're both notorious.

btcc123

1,243 posts

147 months

Tuesday 28th July 2015
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I can understand the dealer not wanting to take the car back or repair it as either one will cost him a large amount of money.It will be interesting his reply to your letter.

There are several issues and evidence that it looks like you have to help your case if it goes to court:

The VW dealer will give you a report to say it looks like there was an existing fault with the gearbox and air conditioning.

You have had the car for 4 weeks of which 3 of the weeks its been in a garage.

You bought the car on the 28th June but the warranty was taken out on 14th July,the day after you reported the faults.

The fact he is not willing to help indicates to me he new about the faults prior to the sale.

If you get a negative response to your letter then you will have to take him to court to get your money back.I do not know if you have a solicitor but I would PM Breadvan and ask him to give you advice on the process and remember to say please several times.

Good luck.

Edited by btcc123 on Tuesday 28th July 19:36

Durzel

12,258 posts

168 months

Tuesday 28th July 2015
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btcc123 said:
You bought the car on the 28th June but the warranty was taken out on 14th July,the day after you reported the faults.
It could also mean that the dealer routinely doesn't bother taking out warranty cover unless a buyer makes a claim, saving himself some money whilst the buyer thinks they have cover.

From WW's perspective it seems like someone took out a policy and then moments later went back to them saying "you'll never guess wots happened.. right after I took the policy out n' all".

Had the policy been taken out at the right time, when the OP bought the car, he would've had a month before he initiated a claim. Who knows WW might've been more amiable to it under those circumstances.

As an aside could the OP not claim breach of contract given he was sold warranty cover that didn't exist at the point of sale, and disadvantaged him at the point of a claim?

Jay_87

Original Poster:

1,053 posts

204 months

Tuesday 28th July 2015
quotequote all
It's whole delayed warranty thing that stinks the most. The last registered keeper of the vehicle was the trader. Acquired the car on 15.4.15 not as a trader but as the owner.

I suspect he's bought the car for himself, found out there are a few issues with it and decided to sell it on via his business in the hope nothing would be picked up. I've made the phone call to report both a/c and gearbox issues. The dealer has had a little panic and rushed through to get the WW cover on the vehicle.

I've contacted breadvan already, he's very kindly offered some advice and I'm just waiting on a rely from him.

It's a very bizarre and new situation I find myself in. Normally I buy private and cheap cars. Most expensive car I've bought and its biting me on the ass pretty hard!

I can see why a lot of people wouldn't see a claim like this through, the stress of the last 5 days has worn me out. Fortunately I have very understanding bosses who have let me spend the last 2 days glued to the phone and the Internet, I've been refreshing this thread every 10 minutes in the hope of more replies!

Jim1556

1,771 posts

156 months

Tuesday 28th July 2015
quotequote all
Centurion07 said:
Why would it be anything other than wear & tear at 80K? confused
A timing BELT is a service item and should be changed regularly.

A timing CHAIN is meant to last the life of the vehicle except for highly stressed engines like an M3, M5, 911 Turbo, GT3 etc and even then, they're not a service item, but I'll be changing mine at 100k... Peace of mind n all that! smile

btcc123

1,243 posts

147 months

Wednesday 29th July 2015
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OP I see that you started a thread about the DSG gearbox fault on the VW section of the forum and your last post was on 13th July when you said:

"Had the car diagnosed at the weekend, fault code 19143 - Unexpected / Implausible Mechanical Gear Disengagement

Checked the service book and it had a DSG service at 26k and the car is now at 77k so its due a service. Spoke to a VW technician and they reckon 99% of DSG issues are cured with a service and a software reset/upgrade so thats where im starting.

Fingers crossed that cures it."

Did you have the DSG service and a software reset/upgrade and if so what were the results.

Jay_87

Original Poster:

1,053 posts

204 months

Wednesday 29th July 2015
quotequote all
That was to be my first port of call, when it went into VW on the 23rd I said to the garage it is due a service so it might just need that doing.

The master technician that inspected the car said it was beyond just having the service and required the mechatronic unit to be changed. A service might mask the problem slightly but it certainly wont cure it

I posted my letter off to the dealership last night explaining that i'd like a full refund, just need to wait and see what, if any, reply I get.

Toaster Pilot

14,619 posts

158 months

Thursday 30th July 2015
quotequote all
Jay_87 said:
It's whole delayed warranty thing that stinks the most. The last registered keeper of the vehicle was the trader. Acquired the car on 15.4.15 not as a trader but as the owner.

I suspect he's bought the car for himself, found out there are a few issues with it and decided to sell it on via his business in the hope nothing would be picked up. I've made the phone call to report both a/c and gearbox issues. The dealer has had a little panic and rushed through to get the WW cover on the vehicle.
Does sound like the case - offering a warranty but only actually incepting the policy when there is a problem in order to save actually paying for the premium

Terribly risky practise when selling stuff like DSG VWs - I hope you manage to get a result out of him.

Worst bit is if he had been honest and paid for the policy at the right time you could've claimed for the DSG and also upgraded your cover to include the AC system!

Jay_87

Original Poster:

1,053 posts

204 months

Thursday 30th July 2015
quotequote all
Thats the best thing about all of this, had he been honest and just paid for the warranty in the first place, the likely hood is that Warranty Wise would have covered the repair of the car, he has literally shot himself in the foot.

I am confident of getting a result, im meeting with a friends dad who is a magistrate on saturday to get some advice on what to do next, he agrees that I am well within my rights to ask for a refund so that helps.

I declared the car as SORN yesterday so its now sat down the side of my house gathering dust, that way there is no dispute over whether ive been using it or not. Didnt realise just how big a Golf was until I had to squeeze it in my my Ford Puma lives.

In other news... Is anyone a chiropractor? Ive been using my track car to get around in for the last week and getting in and out of a fixed back bucket seat is starting to take its toll on my spine. Time for a look through the classifieds I think to find a sub 1k car I can run around in until this has worked itself out.