Third party warranty.
Discussion
Details are pretty vague as I heard it off the owners husband.
Her Kia Sportage crapped its engine and got transported to a local garage.
The seller (a very well known Scottish chain) have turned down any claim as the car was not serviced at an approved garage (‘approved’ is the wording of the third party warranty)
Now I know that manufacturers cannot turn down a claim if a car is serviced correctly outside their own network but I didn’t realise that this didn’t apply to a third party warranty.
Is this correct or are they trying it on?
To rub salt in the wound they have paid £4.5k to the local garage for a new engine and that was 2 months ago. But that’s another story.
What I'm guessing is the same well known dealer tried to turn down a warranty repair when my gearbox bearings failed at 65k miles, they said its fair wear and tear, I argued and said it's not and they did pay the bill in the end. I don't think I've ever heard a positive experience from someone who bought a car from the Scottish dealer, I certainly won't be back.
Just a thought though, would there not be a warranty on the new engine that was fitted at rhe local garage?
Just a thought though, would there not be a warranty on the new engine that was fitted at rhe local garage?
Drawweight said:
Now I know that manufacturers cannot turn down a claim if a car is serviced correctly outside their own network but I didn’t realise that this didn’t apply to a third party warranty.
Is this correct or are they trying it on?
Third party warranties are usually insurance policies and so the terms are outlined in the policy document.Is this correct or are they trying it on?
For example, from the BMW extended warranty:
Servicing your BMW vehicle.
– Failure to comply with the service schedule recommended by BMW Group UK may invalidate the warranty. An Authorised BMW Centre or BMW Service Authorised Workshop using only genuine BMW Parts must carry out all service and warranty work. The BMW Service Booklet should also be stamped, dated and detailed with the correct mileage at the time of service by the servicing BMW Centre.
Chris
twing said:
Approved could mean anything from just a VAT reg'd garage to a member of a scheme such as "All Star". As mentioned above it will be in the T&C's
Approved in this case is one from a list that is downloadable from their website. The nearest one in this case is 30 miles away.New car manufacturer warranty - block exemption rules (which the UK still follow) mean that manufacturers can't penalise people by voiding warranty for taking their car outside of the network for servicing, etc.
Aftermarket / Third party / Extended warranty - it's all in the T&Cs. If they say you have to have a certain compound of tyre to maintain warranty (which Porsche, for example, actually do), then that's what you need to do.
The critical difference here is that a new car manufacturer warranty is something foisted upon you when you buy the car, so it can't be onerous. A third party warranty is something you willingly sign up to buy, so agreeing to the T&Cs - whatever they may be - is part of that contract.
Aftermarket / Third party / Extended warranty - it's all in the T&Cs. If they say you have to have a certain compound of tyre to maintain warranty (which Porsche, for example, actually do), then that's what you need to do.
The critical difference here is that a new car manufacturer warranty is something foisted upon you when you buy the car, so it can't be onerous. A third party warranty is something you willingly sign up to buy, so agreeing to the T&Cs - whatever they may be - is part of that contract.
Drawweight said:
Approved in this case is one from a list that is downloadable from their website. The nearest one in this case is 30 miles away.
Although harsh it's another case of not reading the small print.still confused though; 2 engines in 2 months? I guess this part was lost in translation.
carlove said:
What I'm guessing is the same well known dealer tried to turn down a warranty repair when my gearbox bearings failed at 65k miles, they said its fair wear and tear, I argued and said it's not and they did pay the bill in the end. I don't think I've ever heard a positive experience from someone who bought a car from the Scottish dealer, I certainly won't be back.
Just a thought though, would there not be a warranty on the new engine that was fitted at rhe local garage?
I used to work as an apprentice mechanic for a very popular Scottish dealer and the things you seen inside were quite grim.Just a thought though, would there not be a warranty on the new engine that was fitted at rhe local garage?
Every car got the same oil put in it, for a service regardless of make / model.
I seen a mechanic on a brand new car which was missing wiring to the spotlights use a cordless drill and some cable he found from under a bench to rig them to work but it was a mess.
Seen them handbrake turn a car that was due to be sold and hit the wheel off a kerb them get me to try and seal the bent rim as good as possible so it could still be sold
Anyone customer who dropped off a faster than regular car to be serviced or repaired got it road tested where they were frequently red lined from cold.
Worst one was before i started where apparently thieves had got into the compound where all the new, pre registered cars were kept and had the keys from the sales office then were driving cars around the gravel car park.
One got rolled onto it's roof.
They had another car similar with an engine failture on it and approx 10k miles but shell was same colour and perfect, so they had a mechanic spend a few weeks swapping all the parts over to the new shell then sold it as a brand new car.
Seen a few brand new, pre registered cars also get damaged with dings and dents where they were repaired with filler and resprayed and sold as brand new still.
TheDrownedApe said:
Drawweight said:
Approved in this case is one from a list that is downloadable from their website. The nearest one in this case is 30 miles away.
Although harsh it's another case of not reading the small print.still confused though; 2 engines in 2 months? I guess this part was lost in translation.
They then paid £4.5k to this garage and it’s been sitting there ever since. I’m assuming waiting on parts/new engine.
I know, it’s not what anyone sensible would do but although they’ve got good responsibile jobs etc they aren’t car minded at all and just trust what they are told.
They tried their usual garage but they couldn’t look at it for a week but I think they’d have been better off waiting. But hindsight is a wonderful thing.
If the service was professionally performed to manufacturer's standards then a term requiring use an "approved" garage probably won't hold up with the Ombudsman. What is the exact wording? I just checked two warranties from large dealers (Peter Vardy and Lookers) and neither require the use of an "approved" garage, although PV does require the garage to be VAT registered, which is probably not unreasonable.
They should follow the complaints procedure in the warranty terms and to the adjudicator/ombudsman if required. However even if successful I doubt they will get the full amount back that they paid another garage for the repair.
They should follow the complaints procedure in the warranty terms and to the adjudicator/ombudsman if required. However even if successful I doubt they will get the full amount back that they paid another garage for the repair.
Gareth79 said:
If the service was professionally performed to manufacturer's standards then a term requiring use an "approved" garage probably won't hold up with the Ombudsman. What is the exact wording? I just checked two warranties from large dealers (Peter Vardy and Lookers) and neither require the use of an "approved" garage, although PV does require the garage to be VAT registered, which is probably not unreasonable.
But does that apply to extended warranties? I understood that the warranty provider can speciify who those approved garages are. For example, manufacturer extended warranties often require servicing to be carried out a main dealer as part of the extended warranty requirements.QJumper said:
Gareth79 said:
If the service was professionally performed to manufacturer's standards then a term requiring use an "approved" garage probably won't hold up with the Ombudsman. What is the exact wording? I just checked two warranties from large dealers (Peter Vardy and Lookers) and neither require the use of an "approved" garage, although PV does require the garage to be VAT registered, which is probably not unreasonable.
But does that apply to extended warranties? I understood that the warranty provider can speciify who those approved garages are. For example, manufacturer extended warranties often require servicing to be carried out a main dealer as part of the extended warranty requirements.An arbitrary rule requiring servicing at certain garages might not be deemed a reasonable requirement. It would *certainly* be a key term that would need to have been made very clear at the time of purchase.
Edited by Gareth79 on Thursday 7th December 15:31
How old was the car? Presumably a fair age if Kia 7 year warranty doesn't apply here. Also, how long after purchase did the engine issues arise?
If the third party warranty is the only route of recourse, and the terms are clear in the issued documentation then the warranty company is likely to be off the hook, but if those terms were not made clear at the time of sale then potentially the Scottish dealer could still have some liability, if key terms and conditions were not explained.
If the third party warranty is the only route of recourse, and the terms are clear in the issued documentation then the warranty company is likely to be off the hook, but if those terms were not made clear at the time of sale then potentially the Scottish dealer could still have some liability, if key terms and conditions were not explained.
It was an 18 plate, I’m afraid I don’t really know much more than that (hands in man card immediately)
From what I was told the oil light had come on a day or so before and the oil topped up.
The husband was on the motorway when it started in his words ‘making a funny noise’ He pulled over and they got it transported back home.
So it could have been lack of oil or the lack of oil could have been a symptom or it could have been unrelated. Neither of them are very mechanically minded so details are sketchy.
Unfortunately their usual trusty garage (run by my nephew) are rushed off their feet so they had to take it elsewhere so I doubt if I’ll hear what was wrong. I have a horrible feeling they’re going to get ripped off tho.
Hugo Stiglitz said:
Soooooooo she bought a warranty on a car that already has had a replaced engine and didnt read the main T&C?
Approved is vat registered. How often does she service her cars?
No lol. Approved is vat registered. How often does she service her cars?
Maybe I wasn’t clear although I thought I explained it.
The engine that blew is the original engine. The broken down car has been sitting in a garage for 2 months. She has paid £4.5k upfront to this garage, presumably for a new engine (this is where I’m afraid she’s going to be ripped off)
The car was serviced on schedule by an independent fully VAT registered garage. However from what I can see on the warrant company website it must be serviced by an ‘approved garage’ of which a list is available. This basically means unless you use a particular named garage the warranty is void.
Whether this is legal is above my pay grade. However I don’t think they are in a mood to fight it but it’s their problem and their money. I was just seeking others opinions. I may mention it to them but I won’t try and persuade them into doing anything they don’t want.
I know I’d be fighting it if it was my car.
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