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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I have recently had a repair done which was completed and

Customer Question

I have recently had a repair done which was completed and claimed under the warranty
I purchased when I brought the vehicle. Three weeks ago my vehicle broke down on a dual carriageway, it was taken back to the garage that did the repair. They said needed a new engine due to the failure of oil pump .they contacted my warranty again they sent out one of there independent engineers conclusion the garage were at fault due workmanship on original repair and it was rejected (I have copy of the report garage not aware of that at this stage)
Today I spoke the garage they are not paying and they have spoken to my warranty people
they are waiting for there insurer to come could be today tomorrow monday he didnt know when . I spoke to my warranty people after I had spoken to him they said once a claim is rejected the decision is final unless any new evidence comes to light.
AS MY CAR IS IN BITS AND IVE NOT SEEN IT FOR 3WEEKS AND HAVE HAD NO COUTESEY CAR THAT IS VERY UNLIKELY.
Please advise what my next course of action should be
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about his please?
Customer: replied 1 year ago.

AS THE WARRANTY PEOPLE ARE HOLDING THE GARAGE RESPONSIBLE FOR CAUSING THE BREAKDOWN AND THEY ARE SAYING THEY ARE NOT PAYING WHO DO I SPEAK TOO

Expert:  Jo C. replied 1 year ago.
What is their reason for rejecting it?
Customer: replied 1 year ago.

He has stated that when they did the orig the claim he rung the warranty company and stated that he would not warranty the removal of the bolt in the engine I then rang warranty company they said no such conversation had taken place otherwise they would have sent out a letter to me and I would have had to sign a disclaimer

Expert:  Jo C. replied 1 year ago.
Well, what does your paper document say?
Customer: replied 1 year ago.

We consider on the balance of probability that the debris retrieved within the vehicles oil pump, which has caused consequential damage,has developed as a consequence of the previous repair work where metallic swarf debris has contaminated the oil pump as a consequence of the threaded section of the failed pivot bolt to the timing chain guide being drilled out and also breaking also resulting in debris circulation. as such we consider the faults identified have developed due to the previous repair work and as such any costs should be referred to previous repairing agent for consideration

Expert:  Jo C. replied 1 year ago.
No, sorry, I meant the warranty.
Does it contain any exclusions?
Customer: replied 1 year ago.

They paid on the first claim and have stated the workmanship on the previous claim caused the current problem . I work in the industry myself and our warranty guy has read the booklet and said if the repair was due to mechanical failure of the pump and not a bad previous repair they would have paid.

Expert:  Jo C. replied 1 year ago.
Yes, I understand.
1 Did you get a paper warranty?
2 If so, does it have any exclusions?
Customer: replied 1 year ago.

exclusions are due to normal wear and tear items I dont really feel we are getting any where

Are you talking warranty from repairer or car warranty

Expert:  Jo C. replied 1 year ago.
Either would be useful.
I need to know whether there were any exclusions?
Usually there are but we need to know what they were.
Customer: replied 1 year ago.

Dont worry i will contact citzens advice on get advise on monday

Expert:  Jo C. replied 1 year ago.
OK.
All the best.

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