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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice
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I purchased extended warranty for my vehicle with Warranty

Customer Question

I purchased extended warranty for my vehicle with Warranty Direct last May. I purchased the car in May 2013. On Wednesday 07.05.2014 I called them as my car had an ignition fault, which is covered under the warranty. I took the car to their recommended garage that day. Today they did a diagnostics check and confirmed the fault as an injector, cost to repair £364.52.
Warranty direct are refusing to pay as I do not have a record of the previous service. The car management system states that the next service is due in 2,347 miles. I have added just over 7,000 miles since I brought the vehicle. Renault have no record of the car being serviced with them, however they have stated that the car would be serviced every 18,000 miles or two years.
I haven't had the car serviced myself as the engine management system states it is not due.
My question is two fold:
a) can the engine management system act as a service record as it would have been reset at the last service, hence stating not yet due.
b) If Warranty direct will not pay, can I claim my £300 back from them under distance selling rules as they have sold me a policy that was never going to pay out as they never asked me for any proof of service and I stated on the phone when I took out the policy that the only service I could state was what the car system was telling me.

Thank you in advance
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Was the previous service done before you purchased the car?
Customer: replied 3 years ago.

Yes, I did have a service book that was water damaged and all the pages had stuck together so it was illegible

Expert:  Jo C. replied 3 years ago.
Is it a specific condition of the policy that the service schedule is adhered to?

Is this something which would have been picked up on a previous service?

How much did the warranty cost?
Customer: replied 3 years ago.

Hi, yes it is specific. The wording states that "the service must be completed within 30 days or 1.000 miles of the due date". From my view the previous service was done as it is every 18,000 miles or two years, i have done just over 7,000 miles, service is due in 2,347 miles, therefore only half way between services.


 


This fault would not have been picked up on a previous service as it can occur out of nowhere (according to both Renault and the Halfords garage).


 


The warranty cost me £300 and I have to pay 50% of all parts, £50 excess on any one claim and any labour rate over £60.

Expert:  Jo C. replied 3 years ago.
Thanks

I don't think they would be able to rely on that term because I think it is unfair because the chances of someone keeping the service completely up to date on a strict timescale is remote.

They may be able to rely on it if they could prove that the injector fault was caused by lack of service but from what I know about cars, it is not a service item anyway as they are replaced when they break.

You have also been told exactly the same by Renault and Halford's it seems.

I cannot see how they can argue with the service light which is you say, would have been reset at the previous service.

If they steadfastly refused to pay out you have a couple of options the first one being to complain to the Financial Ombudsman the link for which is here

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

although that could take some time to resolve.

It will be much quicker to tell them that unless they pay up for this you will get the job done yourself, pay the bill, and issues small claims court proceedings against them.

It is quick and easy to issue small claims court proceedings here www.moneyclaim.gov.uk and the judge will then decide the issue for you. The court proceedings are not expensive and the worst that can happen is that you lose your claim and the small amount of court costs.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Hi. Thank you for this. Just out of interest, I asked them to view the sales recording at the point of sale and they have done this today and confirmed that I started the car says next service is due in about 9000 miles. They never one asked me for any paper evidence. Do I have any claim under distance selling?

Expert:  Jo C. replied 3 years ago.
Not if you did the deal originally in store and anyway you would be out of time I'm afraid.
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Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/