Auto Protect / Myself ..... The full Picture .. My Options ?
Discussion
Here is the situation - I purchased the full TVR Dealer Warranty inc. wear and tear cover from the TVR Centre in May 2006 @ 20,220 miles, essentially to ensure I would be guaranteed a full engine rebuild under this water tight policy in the event I were to suffer an engine failure.
Well - my engine did indeed fail, quite devastatingly, in the first week of April 2007 having covered 28,743 miles. My Tamora was transported to TVR Power where Dom and his team removed my engine and dismantled it fully to reveal the cause and effect of its failure. TVR Power estimated the total repair to amount to £8,500 plus VAT!! - This was to include a new block due to No. 6 cylinder liner cracking badly, and a new cylinder head having been totalled by a broken valve at No. 6.
Auto Protect arranged for Millbank Engineers to inspect and assess the damage and report their findings - this I have scanned and included in full with pictures of the damage below.
Initially Auto Protect attempted to reject the claim due to 24,000 mile service being completed at U.K. Garage in Milan, however I had ensured that this was a TVR approved service centre and would not invalidate the terms of my contract in any form - the rejection in turn was dropped. Secondly, Auto protect then attempted to argue that I had continued to drive my car in a damaged condition which had caused consequential damage to my engine and after much haranguing, this too was dropped, - an offer of £4,400 was made and a cheque for that amount was duly sent to TVR Power.
I believed this offer was unfair and appealed against this decision. Following a full week of calling three times a day, eventually I was contacted by an Auto Protect Agent who agreed to resubmit my claim to their Underwriters to revue again.
After a further 5 days waiting and continually calling, my Agent eventually contacted me to state that after review the offer would be increased to £7000 but there might be a small chance that my claim may be rejected due to the TVR Centre under Giles Cooper going into liquidation. The very same day, just 6 hours later, they dropped the Bomb Shell - my claim apparently was now null and void - the Underwriters had now rejected my claim outright, stating that my policy was a TVR Dealer supplied Warranty and as the Dealer – TVR Centre had been liquidated and TVR itself was now also liquidated, my policy effectively did not now exist. Auto Protect then insisted that the £4,400 cheque issued to TVR Power a week earlier be returned in full.
Well then, here I find myself – my options?
Ian
Well - my engine did indeed fail, quite devastatingly, in the first week of April 2007 having covered 28,743 miles. My Tamora was transported to TVR Power where Dom and his team removed my engine and dismantled it fully to reveal the cause and effect of its failure. TVR Power estimated the total repair to amount to £8,500 plus VAT!! - This was to include a new block due to No. 6 cylinder liner cracking badly, and a new cylinder head having been totalled by a broken valve at No. 6.
Auto Protect arranged for Millbank Engineers to inspect and assess the damage and report their findings - this I have scanned and included in full with pictures of the damage below.
Initially Auto Protect attempted to reject the claim due to 24,000 mile service being completed at U.K. Garage in Milan, however I had ensured that this was a TVR approved service centre and would not invalidate the terms of my contract in any form - the rejection in turn was dropped. Secondly, Auto protect then attempted to argue that I had continued to drive my car in a damaged condition which had caused consequential damage to my engine and after much haranguing, this too was dropped, - an offer of £4,400 was made and a cheque for that amount was duly sent to TVR Power.
I believed this offer was unfair and appealed against this decision. Following a full week of calling three times a day, eventually I was contacted by an Auto Protect Agent who agreed to resubmit my claim to their Underwriters to revue again.
After a further 5 days waiting and continually calling, my Agent eventually contacted me to state that after review the offer would be increased to £7000 but there might be a small chance that my claim may be rejected due to the TVR Centre under Giles Cooper going into liquidation. The very same day, just 6 hours later, they dropped the Bomb Shell - my claim apparently was now null and void - the Underwriters had now rejected my claim outright, stating that my policy was a TVR Dealer supplied Warranty and as the Dealer – TVR Centre had been liquidated and TVR itself was now also liquidated, my policy effectively did not now exist. Auto Protect then insisted that the £4,400 cheque issued to TVR Power a week earlier be returned in full.
Well then, here I find myself – my options?
Ian
Absolutely disgraceful behavior. When I lived in Hong Kong, I made a claim in 2004 for a crash I had in the Porsche I owned at that time. The cost of the repairs was around GBP 17,000, which was paid by the insurance company of the other car involved. However, they deducted GBP 3,000, stating that this was for 'betterment'. ie. the new parts installed on my car were better than the one's damaged in the accident! I took the case to the Ombudsman in HK and got the full refund, but not after the UK head office of the insurance company got me to sign a disclaimer, that they did not have to make the payment and were basically doing me a favour.
Any contractual caveats reffering to people needing to be in business (those who sold it) during the course of the warranty??
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Good point - as far as I understand AP assumes full ownership of any warrantly claim (as stipulated) you may have against the Dealer during the agreed and specified time set out in the policy - in your case Breakdown and W+T.
The Dealer paid AP to do this, and i can't figure out why Auto Protect believe the policy is void.
Is AP not obliged then to keep you informed of the Dealer status when the policy becomes "void"?
[/quote]
Good point - as far as I understand AP assumes full ownership of any warrantly claim (as stipulated) you may have against the Dealer during the agreed and specified time set out in the policy - in your case Breakdown and W+T.
The Dealer paid AP to do this, and i can't figure out why Auto Protect believe the policy is void.
Is AP not obliged then to keep you informed of the Dealer status when the policy becomes "void"?
glow worm said:
I gather you will not be returning the cheque...cash it before it gets stopped...and let them sue for it.
Bit negative that one, but its how you view risk and the likely hood of winning any appeal. Cash it and claim sorted at its maximum, the value of the cheque unless you advise them that you are cahing it without prejudice. Cash it and if you loose any appeal, they will sue and you loose again.
Difficult one and you have my sympathy (not that its of much hep)
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