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  • FIRST POST
    • quequay
    • By quequay 10th Nov 17, 8:49 PM
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    quequay
    Insurance company's "agent" or not?
    • #1
    • 10th Nov 17, 8:49 PM
    Insurance company's "agent" or not? 10th Nov 17 at 8:49 PM
    Hi,
    I bought a second hand vehicle from a large dealer, the vehicle came with a warranty from the RAC, I had a long conversation with the dealer about what was covered and what was not covered by the warranty, I told hem that everyone says that the warranty is worthless, he assured me that it was nothing of the sort and that everything but consumables was covered for six months.
    I bet you can guess what is coming next... the vehicle broke down about 1000 miles later and, long story short, everything the dealer had told me was a pack of lies, nothing was covered and the warranty was literally not worth the paper it was written on.
    I did everything I was supposed to with regard to following the warranties correct procedure for waht to do when making a claim, I was not supposed to return it to the dealer (which with hindsight would have been the best thing to do) at every turn they made it is difficult as possible, they were deliberately obstructive, and eventually they refused to pay out as the faults were "wear and tear".
    I complained to the dealer three times, no response whatsoever. I have exhausted complaints and even mediation with the insurance company (turns out it is an insurance policy, not nothing to do with the RAC) - i am now considering small claims court. The insurance company insist that the dealer is not their agent and any lies they told me are between me and the dealer. I don't see how this can be the case, the dealer sold me the vehicle's warranty on behalf of the insurance company, any lies they told me are between the insurance company and their agent (the dealer).
    Any help or advice on this point would be appreciated - are the dealer the insurance company's agent or not and who is responsible?
Page 1
    • antrobus
    • By antrobus 10th Nov 17, 9:16 PM
    • 15,275 Posts
    • 21,783 Thanks
    antrobus
    • #2
    • 10th Nov 17, 9:16 PM
    • #2
    • 10th Nov 17, 9:16 PM
    ...
    Any help or advice on this point would be appreciated - are the dealer the insurance company's agent or not and who is responsible?
    Originally posted by quequay
    The dealer may well be an insurance broker.
    • quequay
    • By quequay 11th Nov 17, 9:41 AM
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    quequay
    • #3
    • 11th Nov 17, 9:41 AM
    • #3
    • 11th Nov 17, 9:41 AM
    It turns out that this company are registered as "authorised" at the FCA but it think it is for credit services rather than insurance.
    • dunstonh
    • By dunstonh 11th Nov 17, 12:13 PM
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    dunstonh
    • #4
    • 11th Nov 17, 12:13 PM
    • #4
    • 11th Nov 17, 12:13 PM
    The insurance company insist that the dealer is not their agent and any lies they told me are between me and the dealer. I don't see how this can be the case, the dealer sold me the vehicle's warranty on behalf of the insurance company, any lies they told me are between the insurance company and their agent (the dealer).
    I am an IFA. I can arrange insurances. However, at no time am I an agent of the insurer. This is similar to the car dealer. Unless the dealer is employed by the insurer or a representative of the insurer then he is not an agent of the insurer. The seller carries the liability for the complaint. Not the insurer (unless it is an agent of the insurer).

    are the dealer the insurance company's agent or not and who is responsible?
    The dealer is responsible.

    It turns out that this company are registered as "authorised" at the FCA but it think it is for credit services rather than insurance.
    If they are selling insurance then they also have to authorised for insurance.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. Different people have different needs and what is right for one person may not be for another. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • dacouch
    • By dacouch 11th Nov 17, 5:31 PM
    • 20,264 Posts
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    dacouch
    • #5
    • 11th Nov 17, 5:31 PM
    • #5
    • 11th Nov 17, 5:31 PM
    You may find you have recourse under the consumer protections laws if the car broke down within six months of purchase.

    Try posting in the Motoring Section of MSE but without the warranty issue (A link to this thread would be helpful though) and ask whether you have any recourse through consumer laws
    • societys child
    • By societys child 11th Nov 17, 7:47 PM
    • 4,801 Posts
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    societys child
    • #6
    • 11th Nov 17, 7:47 PM
    • #6
    • 11th Nov 17, 7:47 PM
    the vehicle broke down about 1000 miles later
    What caused the breakdown?

    • quequay
    • By quequay 12th Nov 17, 9:43 AM
    • 5 Posts
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    quequay
    • #7
    • 12th Nov 17, 9:43 AM
    • #7
    • 12th Nov 17, 9:43 AM
    What caused the breakdown?
    Does it matter what broke? I have simplified what happened to keep it brief and maybe anonymise it a bit too. There were a series of three breakdowns over the six month warranty period. All three of them are explicitly covered by the policy, none of them covered in reality (wear and tear, apperently).
    • paddyandstumpy
    • By paddyandstumpy 12th Nov 17, 9:50 AM
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    paddyandstumpy
    • #8
    • 12th Nov 17, 9:50 AM
    • #8
    • 12th Nov 17, 9:50 AM
    You say it's a second hand car, what is it? Also, age and mileage?

    Whilst you haven't done much mileage since owning it, if it's an old high mileage car the expectation is that the parts will be near the end of their useful life and you may be limited to what you can reasonably expect out of the car.

    Also, in your OP you say the vehicle came with the a warranty, later on you then say he sold you the warranty? Which is it?

    ETA: Also, lose the attitude. If someone asks why it broke down it's with good reason, to assist your understanding about what is a valid complaint and what isn't.
    • quequay
    • By quequay 12th Nov 17, 1:56 PM
    • 5 Posts
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    quequay
    • #9
    • 12th Nov 17, 1:56 PM
    • #9
    • 12th Nov 17, 1:56 PM
    I am sorry for my perceived attitude, I really do appreciate the replies and any help or advice.

    My question really is about who is responsible for telling lies about the warranty - the dealer or the insurance company. I would not have bought the vehicle without the warranty and I was told that everything was fully covered for 6 months, all I had to do was take it to a VAT registered garage and they would resolve any issues free of charge.

    I bought the vehicle with the warranty, so it was me that indirectly paid for it, and I would not have bought the vehicle without the warranty. With hindsight I would have been better off not having the warranty and returning the vehicle to the dealer.

    The vehicle was about 9 years old and 60k miles, so literally everything could be argued as potentially near the end of its useful life, I do fully understand this and it is all there in the policy's small print, however this is the opposite of what the sales guy told me.
    • societys child
    • By societys child 13th Nov 17, 9:33 AM
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    societys child
    Never heard of a warranty with an unconditional "everything is fully covered for 6 months"
    That's why I asked what caused the breakdown.

    The "small print" is the key to the policy and forms the contract.
    Can you prove the salesman actually said - "everything was fully covered"?
    Last edited by societys child; 13-11-2017 at 9:36 AM.

    • quequay
    • By quequay 13th Nov 17, 7:43 PM
    • 5 Posts
    • 0 Thanks
    quequay
    Can you prove the salesman actually said - "everything was fully covered"?
    Sadly I cannot.
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