Independent warranty

Independent warranty

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Discussion

dmilthorp

Original Poster:

57 posts

82 months

Friday 25th August 2017
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The springs on the flywheel/torque converter have broken, workshop techs not come across this before but warranty company wont fund repair saying it is due to wear and tear. I feel this is unfair as that excuse could be used for any breakdown of a component on a vehicle. I could accept a part failing due to wear and tear, if it was a part that was designed to wear out under normal use, but the car has only done 31,000 miles. Should I pursue this further or would it be a waste of time?

shinjuku

476 posts

81 months

Friday 25th August 2017
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I'd say keep fighting, but I'm doubtful they'll do anything. They want to get out of everything, and are completely deviant tbh.

Which warranty is it?

Everything on a car is wear and tear, pretty much. If the engine explodes it's because it's being used. I don't know, not worth the paper they're written on, is my opinion.

dmilthorp

Original Poster:

57 posts

82 months

Saturday 26th August 2017
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Don't want to name and shame just yet, was just trying to get a feel for pressing my case, I shall be writing a letter of complaint, and will either name and shame or name and praise depending on the outcome.

shinjuku

476 posts

81 months

Saturday 26th August 2017
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No problem. Feel free to PM If you would like some advice.

And best of luck!

popeyewhite

19,782 posts

120 months

Saturday 26th August 2017
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dmilthorp said:
The springs on the flywheel/torque converter have broken, workshop techs not come across this before but warranty company wont fund repair saying it is due to wear and tear. I feel this is unfair as that excuse could be used for any breakdown of a component on a vehicle.
It could indeed and boils down to semantics. Keep pressing them and hope they make an offer.

dmilthorp

Original Poster:

57 posts

82 months

Saturday 21st October 2017
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Well after much arguing the warranty company will not budge, the failed part was the flywheel damper which they say was due to wear and tear. So will now name and shame, the company is APA auto protect, the garage i bought the car from was Lawton Brook, wish I had asked for a big discount and taken the car without a warranty because it appears they are not worth the paper they are written on.

Manx V8V

482 posts

82 months

Saturday 21st October 2017
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We recently had a similar discussion on another thread.

Certainly from my own experiences over the years I have never found a used car warranty worth the paper it is written on, regardless of the glossy welcome pack and associated bulls**t they send out, or the teeth and smiles tv ads that promote some of them.

The only warranties I've ever found to be useful have been genuine manufacturer backed extended warranties.

Manx V8V

482 posts

82 months

Saturday 21st October 2017
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Just a further thought on this, find out if they come under the jurisdiction of the insurance ombudsman, which if it is an insurance backed scheme they might do.

I've been watching 'Rip Off Britain' quite a lot recently, and they have involved the ombudsman in quite a few cases to get a successful resolution, so they appear to have some teeth.

You might want to send a note of your experiences to Rip Off Britain themselves too, they keep asking for things to pursue, so it would be worth a try.

Edited to say - I just googled them and they do come up as an insurance company, they also appear to generate multiple hits to various forums discussing rejected claims going back many years, so maybe Rip Off Britain will be interested!!

Edited by Manx V8V on Saturday 21st October 14:54

V8V Pete

2,497 posts

126 months

Saturday 21st October 2017
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Not sure how interested some tabloid TV programme will be in a hard done by Aston Martin owner. Other than to turn the tables on them and make them look silly and greedy. I'm not saying this is the case at all but this is how popular TV works.

Manx V8V

482 posts

82 months

Saturday 21st October 2017
quotequote all
Certainly worth approaching the ombudsman though Pete, and as we know, the image of the wealthy Aston owner is in reality most often simply the hard working everyday guy who has followed his dream and invested his lifetime savings into buying his dream car.

Edited by Manx V8V on Saturday 21st October 15:14

V8V Pete

2,497 posts

126 months

Saturday 21st October 2017
quotequote all
Manx V8V said:
Certainly worth approaching the ombudsman though Pete, and as we know, the image of the wealthy Aston owner is in reality most often simply the hard working everyday guy who has followed his dream and invested his lifetime savings into buying his dream car.

Edited by Manx V8V on Saturday 21st October 15:14
Can't disagree with any of that.

M5MarkM

1,547 posts

171 months

Saturday 21st October 2017
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Costs about £60 to issue a small court claim against them. It would cost them, a lot to defend it, they would need to hire solicitors for defence and wouldn't be able to claim their costs back against, they would most likely settle days before court is due.

rog007

5,759 posts

224 months

Saturday 21st October 2017
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dmilthorp said:
Well after much arguing the warranty company will not budge.
Your claim should initially be with the supplying dealer as you are protected in law by the The Consumer Rights Act (stuff should be fit for purpose AND last a reasonable length of time). Check your rights and ask the dealer to rectify. Good luck!

dmilthorp

Original Poster:

57 posts

82 months

Sunday 22nd October 2017
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Thanks for the replies, will contact Brooks Lawton quoting sale of good act and see what happens. Yes I'm just a working class man mid 50s not rich by any means so to be able to buy a dream car was fantastic. It seems that we live in a different era to the one I was brought up in and rip off Britain is an apt description.

Manx V8V

482 posts

82 months

Sunday 22nd October 2017
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I'm no lawyer but i'm sure under the Sale of Goods Act the supplier has to put right any issues which occur within something like 90 days of the sale, regardless of any 3rd party warranties they have included in the sale.

Have a good read up and then get in touch with them, being able to quote relevant sections and content always helps if they are digging their heels in.

A call to trading standards can then follow if they still wont budge, i've often found that once you make the seller aware that you have opened a case with trading standards and have a case number etc if escalation is required, they often soften at that point.

Good luck and keep us all posted.

Ken Figenus

5,706 posts

117 months

Sunday 22nd October 2017
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I dont know what you mean by springs on a flywheel/torque converter - makes no sense to me as a flywheel doesn't have springs and a torque converter is based on ATF fluid for function not springs. Nevertheless an AT car with a torque converter should not have any failures at 30k miles! I'd suggest their warranty isn't wort the paper its written on (dependent on the exact nature of failure) and this again reminds me NOT to renew mine as they add more and more clauses with age! Good luck mate and hammer it home.

dmilthorp

Original Poster:

57 posts

82 months

Sunday 22nd October 2017
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The technical term for the faulty part is the flywheel damper

Ken Figenus

5,706 posts

117 months

Monday 23rd October 2017
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Ahh! Live and learn as I thought springs were only in the clutch plate smilehttps://en.wikipedia.org/wiki/Dual-mass_flywheel

F1NDW

359 posts

151 months

Monday 23rd October 2017
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Sorry but I dont think you have a cat in hells chance with this.
The clutch is probably the most abused part of the transmission system and the number of miles you get out of it
depends so much on the driver, The warranty company will never budge, they have probably got a warehouse of
paperwork full of case's they have won not paying out on clutches. The clutch is always excluded in warranty. Well I cannot ever remeber seeing one that covered it anyway.

The only slight glimmer would be with the garage selling you something that failed so quickly. Good luck with the second hand car dealer.

dmilthorp

Original Poster:

57 posts

82 months

Monday 23rd October 2017
quotequote all
The car is an auto.