Warranty company said No : (
Warranty company said No : (
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colinevan

Original Poster:

164 posts

133 months

Wednesday 7th June 2017
quotequote all
Hi everyone.

I'm after some advice on the best way to challenge a rejected warranty claim on a used car.

Some background info,

Purchased a car to cheer me up due to going through a few problems at home. Iv not owned anything PH worthy for a long time and I like my cars and made a purchase.

Dealer supplies a standard 3 month warranty at point of sale. I chose to upgrade the warranty to a 6 month more comprehensive warranty which covers more components at an extra cost to me .

Car develops a fault with the auto gearbox within 2 months time and so I contact them (dealer and warranty company ) to find out what the procedure is.

They reply any garage as long as its vat registered, and they can inspect the parts if required before any work has been agreed. Under no circumstances are they to complete any work without approval.

I send the car to a gearbox specialist who were reccomened to me . They diagnose the problem as the torque converter. The gearboxes are pretty strong and in there opinion 95 percent of the boxes that they has worked on its always the torque converter.

They make contact with warranty company, get the approval to remove the box and are requested to take out the torque converter for inspection.

I was told this was perfectly normal, and an engineering assessor visits them daily acting on behalf of various warranty companies.

Along this time I also do some research as to find out what goes wrong with these boxes. Watched a video on how the torque converter works and got a good understanding . I read some conflicting info regarding how BMW class these gearboxes as sealed for life and that they don't require servicing.

Gearbox specialist informs me that the torque converter is out and that its awaiting the assessors to come and view before they can continue. I get a call to see they are coming next day and that they will be in touch.

I was informed that the assessor requested the torque converter be physically cut open ( this is a sealed item ) so they cut it open which revealed a broken part. I was told the assessor had been , taken photographic evidence of the broken part and that they will replace the torque converter , refill with new oil and refit .

I get a phone call from the warranty company dismissing my claim.

This could not have happened at a worse time for me.

Without going into to much details, My daughter was born prematurely and needed to remain in Intensive care as was quite poorly. You can guess what happened , the warranty company have told me its down to wear and tear and there's a bill for around 1k.

I appealed over the phone first of all , and politely asked why they were rejecting the claim. What they told me was there was evidence of components worn . I re rang the gearbox company ( who in fairness were fantastic ) and they told me that they are trying it on . My torque converter had a broken part an actual broken part which should not carry the term wear and tear. I ask them if they still have it and they luckily tell me yes and so I go back to see them and collect the broken pieces.

I queried this with the warranty companies claim manager who informs me that they weren't aware It was broken and asked for the part to be sent to them. I politely decline and say I'm more than happy to take photographs of the one way stat which is broken up. I tell them that the engineer has already taken photographs of said part though for which they claim they never received.

I at this time contact the dealer who supplied the car for some advice. They too were disappointed and gave me the telephone number of there uk sales manager. I called him and explained my situation. He asked me to leave it with him and he would speak to the claims manager and also the managing director on my behalf.

I received a copy of the report for the TC and have asked them if I can speak to the managing director in person. I was told that this was not possible and asked them if they could do anything for me as a gesture of goodwill.

At no point have I been rude or aggressive in manner, this is despite what else is going on in my life.

I today received correspondence that I have exhausted there internal procedures for disputing a claim.

I need to take this to the next level, and am after some advice on where to look next.

I believe its report to trading standards and take to small claims court , however I'm not sure to be precise.

Has anyone been through similar, or can anyone offer any advice for me at all please.

Thanks for your time so far.

Col.

Andyjc86

1,149 posts

179 months

Wednesday 7th June 2017
quotequote all
2 months in? Back to the dealer, assuming it's not an old shed, the car had to be 'fit for purpose' for 3 months.

An undrivable car isn't fit for purpose, so it's the dealers problem.

colinevan

Original Poster:

164 posts

133 months

Wednesday 7th June 2017
quotequote all
No , its old but certainly not shed money,

its a 2006 e61 530d M sport touring .


User33678888

1,147 posts

167 months

Wednesday 7th June 2017
quotequote all
What's the cost to fix it? Who pays the gearbox company for the work so far? It's presumably a far easier fix now that you know what the problem is and have the gearbox open.

colinevan

Original Poster:

164 posts

133 months

Wednesday 7th June 2017
quotequote all
Sorry just to summarise .

I had to pay for the work as to be honest the TC was destroyed at the request of the Warranty company when they wanted it pulling apart.

Cost to me was £1060.

Torque converter was around £500ish from memory.
New oil and filters around £300
labour for the rest I imagine.

I needed the car as travelling to the hospital daily as well as work.

Col.

TwistingMyMelon

6,516 posts

235 months

Wednesday 7th June 2017
quotequote all
Small claims court /Moneyclaim against dealer...let them prove that the fault wasn't there when you bought it

Normally that would entail giving the garage a chance to fix it, but due to circumstances i'm sure it could be argued you had no choice

Good luck OP, must be tough time at moment


Jonno02

2,262 posts

139 months

Wednesday 7th June 2017
quotequote all
Nothing to add, except I hope your little one makes good progress.

Durzel

12,999 posts

198 months

Wednesday 7th June 2017
quotequote all
Could you get a letter from the gearbox specialist saying that in their expert opinion the part that was broken should not have failed during the natural life of the car, or whatever?

Why did you decline to send the broken part to the warranty company?

QuickQuack

2,819 posts

131 months

Wednesday 7th June 2017
quotequote all
Durzel said:
Why did you decline to send the broken part to the warranty company?
Because the feckers will mysteriously lose it, never to be seen again and if it ever gets to court, there won't be any hard evidence.

catman

2,504 posts

205 months

Wednesday 7th June 2017
quotequote all
If the warranty company won't pay for it, then the supplying Dealer would be your next avenue. You may have a fight on your hands though.

Tim

Dixy

3,656 posts

235 months

Wednesday 7th June 2017
quotequote all
You must claim off the dealer, for the first six months they have to prove that it was not faulty when you purchased the car. The problem is they will fight all the way. Go in hard with a demand and follow up quickly with small claims.

catman

2,504 posts

205 months

Wednesday 7th June 2017
quotequote all
Personally, I would be polite on the first contact with the Dealer. Only play hardball If they don't co-operate.

Tim

Short Grain

3,435 posts

250 months

Wednesday 7th June 2017
quotequote all
catman said:
Personally, I would be polite on the first contact with the Dealer. Only play hardball If they don't co-operate.

Tim
This, go in hard and they will play hard as well. Be nice and polite, they have to be as well.

Paracetamol

4,267 posts

274 months

Wednesday 7th June 2017
quotequote all
11 year old car with a notoriously unreliable gearbox...has to be down to the buyer surely

nickfrog

25,377 posts

247 months

Wednesday 7th June 2017
quotequote all
Complaint procedure at the warranty company and then straight to the Ombudsman (it's an insurance product)

The "warranty" is no substitution for the dealer's obligations under SOGA (however hard those are to enforce).

bad company

21,919 posts

296 months

Wednesday 7th June 2017
quotequote all
Paracetamol said:
11 year old car with a notoriously unreliable gearbox...has to be down to the buyer surely
If that's right why the warranty company take on the risk?

The answer of course is that they start by rejecting all claims. I had this years ago when I bought cheap travel insurance and needed to claim.

I would write a letter before action to both the dealer and the warranty company.

Gareth79

9,079 posts

276 months

Wednesday 7th June 2017
quotequote all
I'd go with the Insurance Ombudsman option, or at least tell them that you are. If your letter states their decision is final then that's all you need. If not then ask for their final decision, and they will know what you are trying to do.

After their free complaints (I think you get six) it costs something like £600 per complaint, so they might decide it's cheaper to pay out.

edit: Obviously this is not a quick solution if they decide to let the ombudsman decide.

Blue Oval84

5,396 posts

191 months

Wednesday 7th June 2017
quotequote all
If the Ombudsman covers warranties then do that.

If not, then it's a letter demanding recompense from the dealer, then ultimately a claim via Money Claim Online, I suspect you'd win at court quite easily (although am not a lawyer!)

wack

2,103 posts

236 months

Wednesday 7th June 2017
quotequote all
Did you buy the car on finance or on a credit card , if so and the dealer isn't playing ball get them involved

I know a guy with a maserati that got told to do one by a dealer when he had problems a few months in , the finance paid out £6200 in repairs , last I heard they were chasing the dealer for the money

I also read about a couple that bought a 30k motorhome paid with cash apart from £100 deposit on a credit card, turned out to be not as advertised , CC company ended up paying the whole 30k back all for £100

steve-5snwi

10,336 posts

123 months

Wednesday 7th June 2017
quotequote all
doesn't the warranty have to state the parts that are either excluded or covered ? I would be asking the dealer to help you recover the money from the warranty company otherwise you will be requesting they cover the costs. However it will rely on the dealer and having just left such a place i wish you all the luck in the world.