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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16923
Experience:  I have been practising for 30 years.
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We had an extended warranty on our Range Rover. When we

Customer Question

We had an extended warranty on our Range Rover. When we bought the warranty, I explained to Range Rover that the car is registered with PCO Public Carriage Office but we don't use it for work, the car is used for private use hence the millage is low.The Range Rover extended warranty sales person sold me the warranty after I had explained everything, he even asked me to hold the line so that he could confirm with his manager. However, now that the car has a problem, they are refusing to authorize Range Rover Hatfield to fix the car. They are telling me that the car is not under warranty due to it being PCO registered when, as I explained at time of purchase, it is not used for PCO. Range Rover sold me this warranty under false pretenses and are now refusing to fix my vehicle.I spoke to ***** ***** at Range Rover Hatfield, the issue with the car is the timing belt. When I told Chris that the car had been serviced with Range Rover before and we were never advised to change the timing belt, he told me that the timing belt should last for however long you use the car. Which leads me to believe that during the many servicing's at Range Rover the car was not fixed properly which has now caused it to completely breakdown after only 4 years of ownership and very few miles.It has been an incredible inconvenience to be without my personal car for 6 weeks. During which time I had to chase Range Rover up as to any news on my car and was repeatedly told there was nobody around to give me information. I was also not told my car was refused authorization to be fixed and I only found out weeks later when I rang them myself.
JA: Because consumer protection law varies from place to place, can you tell me where this is?
Customer: The car is in Range Rover Hatfield and i was sold the warranty in the Barnet branch
JA: What steps have you taken so far?
Customer: I have contacted the branches and customer service and they are refusing to cover the costs of fixing the car under the warranty
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We want to know what legal position we have
Submitted: 7 days ago.
Category: Law
Expert:  F E Smith replied 7 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need sometime to consider this and compose a response. There is NO need to wait online becauseyou will get an email when I respond. Sometimes it will be minutes, sometimeslonger.

I apologise for any unavoidable delay, but rest assured I havenot forgotten your question.

to clarify -

why is it registered with the PCO if you dont use it as such?

and how old is the car?

how did you pay for it?

Customer: replied 7 days ago.
We are a chauffeuring company so have quite a few cars, we wanted to insure all of them with one company instead of using multiple. The extended warranty people at Land Rover were made aware that this car would only be used for private use before we purchased the warranty and they said it would still be covered. The car is 5 years old. We paid for the car through finance from Shawbrook Bank but we have since paid the car off.
Expert:  F E Smith replied 7 days ago.

Thank you. Does the warranty say that PCO registration specifically excludes any warranty claims?

If it doesn’t, then they are not entitled to refuse the repair.

Get it fixed and take the warranty company to court for the cost of the fix.

If it does, then you have a variety of courses of action.

Get it fixed and take the selling dealer to court for the cost of the repair and return of the warranty premium. You would also ask for the determination that all of the work which would hitherto have been covered under the terms of the warranty will be borne by the selling dealer.

I can tell you, from experience, that by far and away the number of dissatisfied car users not only with the vehicle but with also the dealer who are unhelpful in the extreme are Range Rover. It is a shame, because they are a beautiful vehicle but the warranty service, reliability, and the service you get from the dealer’s abysmal if the number of questions I get about that particular vehicle and those dealerships is anything to go by.

I am not aware that a timing belt lasts for ever. I know a little bit about cars and it can beat recommendation that they are replaced at as few miles is 35,000 and on some vehicles at 100,000.

I am also not aware that it is a service item although heaven only knows why it needs to be changed at intervals.

Car dealers in general are not well-known for taking out their cheque-book and paying for repairs unless they absolutely had to and even if this was unequivocally their responsibility, I wouldn’t get excited thinking that they are going to immediately fix it and shell out because that’s far from the case although I cannot speak for this particular dealer. Having said that, your experiences not particularly wholesome.

You can complain to the Financial Ombudsman about the warranty insurer but they may say that it’s a commercial transaction and they may not deal with it. They seem to pick and choose which commercial matters they deal with. Nonetheless I would make the complaint.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

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Best wishes.

FES

Customer: replied 7 days ago.
the warranty people told me that they have evidence that the car is used for PCO, when i asked them to send me the evidence and the phone call when i bought the warranty they still haven't got back to me
Customer: replied 7 days ago.
How can we get that phone call recording where i told him what the car is used for and they sold me the warranty saying its covered
Expert:  F E Smith replied 7 days ago.

Don’t deal with it on the telephone. Put everything in writing. Telephone calls and a habit of getting lost.

You need to make the request in writing for the telephone call telling them that you are making a subject access request under section 7 of the Data Protection Act and that they have numerals 40 days to reply. You want a copy of the recording and any other personal information they have about you.

If the car has not been used for PCO, then they cannot have any evidence that it was. However I go back to what I said earlier, it depends whether that uses excluded because if it is, it gets them off the hook if it has been used like that. It doesn’t if it has not

Customer: replied 7 days ago.
there is no record that car is used for PCO, so I am within my right to ask warranty company to show me the evidence?
Expert:  F E Smith replied 7 days ago.

Indeed you are