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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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My car breakdown warranty provider stated they would not pay

Customer Question

My car breakdown warranty provider stated they would not pay for a repair to my car, as I had not provided them with photographs of the faulty part prior to repairing my car. I asked the warranty provider to indicate the specific term, requiring photographs of the faulty part, within the warranty policy but they said it is not a term in the policy but a general expectation of the policyholder. Is this a hidden term which is unfair as I have never had to take photographs of faulty parts in previous claims? Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
They cannot impose a condition like this unless it is stated in the policy terms and conditions.
You can either sue them in the Small Claims Court for the cost of the repair or issue a complaint to the Financial Ombudsman.
Tell them warranty provider that if they do not honour the terms and conditions as they are in the policy you are going to do just that
There is no such term in common use and even if there is, it must be in their terms and conditions.
They are clearly using this to try and wriggle out of paying for a claim because no one would normally take a photograph of the faulty part.
Can I clarify anything for you?
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Many thanks for your quick response. Which particular consumer law would they possibly be in breach of please?

Expert:  Jo C. replied 3 years ago.
It is common law Breach of Contract for trying to impose conditions which do not exist.
It is also arguably breach of section 13 of the Supply of Goods and Services Act for failing to carry out the contracted job with reasonable care and skill
Customer: replied 3 years ago.

That's great and thank you.

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

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