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UK Solicitor John
UK Solicitor John, Solicitor
Category: Law
Satisfied Customers: 1401
Experience:  8 years legal experience
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Where are you? It matters because laws vary by location. UK,

Customer Question

Good day My name is*****: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: East Sussex
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Its a Warranty claim for repairs to my car thats the Warranty company is trying not to settle.
Submitted: 12 days ago.
Category: Law
Expert:  UK Solicitor John replied 12 days ago.

Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Hopefully we can get this resolved quickly

Expert:  UK Solicitor John replied 12 days ago.

Please note there may be delays in responding as I am away helping other customers but I will get back to you as soon as I can. I may also need to ask you some clarifying questions to determine the legal position.

Expert:  UK Solicitor John replied 12 days ago.

How can I help you today?

Customer: replied 12 days ago.
Hi John...
Expert:  UK Solicitor John replied 12 days ago.

Good afternoon. Hope you are well. How can I help you today?

Expert:  UK Solicitor John replied 11 days ago.

Hello, just following up on this. Would you still like assistance on this matter? If so, please note I will be offline from 9pm but will be back on tomorrow morning. I will be happy to assist you then. Have a good night, John.

Expert:  UK Solicitor John replied 11 days ago.

Hello, unfortunately I have not heard from you ad without more information I am unable to provide a more specific advice. So I can only provide you with a basic general answer to try and answer your message as best as I can.

From what you have stated a car warranty company is not paying out. A warranty is a form of additional insurance cover against certain faults, over and above your statutory rights. It does not override or replace your rights under the Consumer Rights Act, but it covers a wider range of faults.

I am unsure if your at is new or used so I will touch on both. A fairly new used car (less than three years old) will almost certainly still be covered by whatever is left of the manufacturer’s new car warranty. This is the best kind of warranty, as it is usually fairly painless to make a claim via a franchised main dealer. The car has to be serviced on time, every time, for the manufacturer’s warranty to be valid. Most manufacturers offer a three-year warranty on their new cars, but some offer more. Many also offer extended warranties at extra cost, but be aware that these may not offer the same terms and benefits as the original warranty.

Main dealers of big brands will also usually have an “approved used car warranty” of some sort, usually for 12 months. These are often branded as a manufacturer warranty, but are mostly managed and underwritten by a third party insurer on behalf of the manufacturer or dealer. Often this type of warranty has an attached requirement that the car has to be serviced by either the selling dealer or another franchised dealer for the warranty to be valid. This is enforceable, unlike the new car warranty, as the warranty is not actually provided by the manufacturer.

The majority of used car traders will offer some form of warranty on their cars, but the value of these warranties vary massively. Some are branded products offered in conjunction with a breakdown provider (like the AA or RAC), but again they are actually managed and underwritten by a specialist insurance company.

The term offered may be a week, a month, a few months or a year, and there will be very specific areas which are excluded from the warranty cover. There may be a specific process for claiming on the warranty; some will require you to get authorisation from the warranty company before proceeding, while others may require you to pay for any work up-front and then reimburse you afterwards if your claim is approved. There will also be a cap on how much money the warranty will contribute towards a repair, which may not cover the total cost of having your car fixed. It is very important to read the fine print on any warranty, but especially so on an aftermarket product as the terms and conditions will vary significantly on different warranties.

It is therefore best to find out which warranty you have before knowing how to negotiate and argue with the dealer.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.

Customer: replied 11 days ago.
I purchased Premium Plus Warranty with Warranties 2000 in March 2020 for 2 years for £425 which covers more, with a claim limit amount of £2500I sent in a claim 3 weeks ago. The car suddenly started to leak oil from the front stabilizer bar and the warning light came on the dash. This is a sudden failure if the Arc Bar which the certified Land Rover specialist said. The quote to fix came up to £1400.The warranty company is refusing to honour the claim because they told the repair shop the vehicle was too old for that size repair. Note this is a 2009 Range Rover Sport doing only 66000 miles. They are saying there is no evidence of 'Sudden Mechanical Failure'
Customer: replied 11 days ago.
They sent an engineer to see the vehicle last week, and the engineer said its due to normal wear and tear and no evidence of sudden failure.
Customer: replied 11 days ago.
I requested a copy of the independant engineer report. Still awaiting it.
Customer: replied 11 days ago.
The company is doing everything NOT to pay the amount.Do I have any legal recourse in this case?
Expert:  UK Solicitor John replied 11 days ago.

Thank you for explaining. This is an unfortunate position and I appreciate very frustrating. You paid for the warranty for a specific reason therefore for them to not want to pay is an annoyance, which can cost you money.

I do not agree with their stance that a vehicle is too old for that size repair without offering a solution themselves. Your warranty cover should explain exactly what is covered. The issue here which they are trying to absolve themselves of paying is, the reason for the failure. It is true that if it is due to normal wear and tear then warranties do not normally cover this. But if it is due to sudden mechanical failure they will need to pay it. This is what needs to be established first of all and any decent engineer should be able t corroborate this.

I just have concerns that their engineer may be a bit biased. So therefore, what I would suggest you do is obtain a report from an independent engineer to inspect the vehicle. An independent engineer has no obligation to either side and should just give their unbiased professional opinion if the fault is due to wear and tear or if it was a sudden failure.

Laird Assessors are a good company to use and utilised by solicitors and insurance companies to inspect vehicles. Their website is here https://www.laird-assessors.com/ In the mean time, keep putting pressure on them to see a copy of the engineers report already compiled and if obtained, feel free to send the same report to another engineer for their comments.

Essentially if you have 1-2 engineers confirming the same thing, you will be able to establish the real reason for the fault and subsequently who should pay. If it transpires that it was due to a sudden mechanical failure, and the company still refuses to pay then you should seek court action against them for breach of contract.

To do this, what you need to do is write them a formal “Letter Before Action”. In this letter you will need to state the amount you are seeking to recover and the reasons why. You will also need to give them a deadline to raise the payment by, usually it is 14 days in which to receive payment.

If payment is not received within 14 days, then you will need to issue a claim against them in the small claims court. You can do this by visiting this site https://www.gov.uk/make-money-claim

Or you can do it by post by using form N1 which you can find here Form N1: Make a claim against a person or organisation (Claim form CPR Part 7) - GOV.UK and posting it to:

County Court Money Claims Centre

PO Box 527

Salford

Greater Manchester

M5 0BY

I hope this helps. Please let me know if you have any further questions. I will be happy to help.

Customer: replied 11 days ago.
Thanks John.... Will try to get the engineer report and get back to you at the earliest.
Many thanks again for your lengthy explanation!
Tony
Expert:  UK Solicitor John replied 11 days ago.

My pleasure. I am glad I was able to help. Have a great day