independent car warranty ( problems )

kellkoo

Hi there... in October 2008 I purchased an independent wary for my car as the manufactures warranty had expired...
in January this year the engine on my car started knocking so I took the car to bmw and they said the car needed a new engine at a cost of £13.000 - the warranty the independent warranty I had taken out only covered me for up to £5000.00 (single claims limit) so it was not possible to get my car repaired at a bmw dealership..

in between all the quotes I was getting for the engine repair , the warranty company decided to send there own engineer out to my bmw to asses how the engine had failed - there engineer spend approximately 45 mins looking at the engine & said the engine had been run low on engine oil ( that’s why it failed )

So my claim was thrown out and they were not going to pay anything for the repair of my engine.

as I knew my car had never been run low on oil at all because I am very meticulous with my cars and the oil is always checked 1 / 2 times per week.

So on that note I decided to obtain my own engineers report to see why my engine had failed.

I found an independent engineer with allot qualifications in this field
He came out to my car and spent 3 hrs assessing the engine took photographs and even had the big end / main bearing shells under a microscope.

His conclusion was that the car had never been run low on engine oil and the failure was due to a material failure in the bearing shells of the engine (worn out before they should have done)

With my full engineers report I decided to tackle the warranty company loaded with my new evidence.

After many e-mails / phone calls to them they still would not agree to pay anything towards my engine repair.

So the next thing I decided to take the warranty company to the small claims court... as soon as mentioned court to the warranty company - they had a change of heart and said they would pay £2000.00 towards the repair of the engine ( I said this offer was ridiculas and declined it )

Bmw wanted £13000.00 to fit a new engine - I had found a garage that would repair the engine for £4800.00 plus vat (I had a single claims limit of £5000.00 with my warranty policy) so my quote should have been acceptable by far.

another load of emails back & fourth , they agreed to pay £3000.00 ( I said no it must be £4800.00 ( I thought why should I accept less when I paid top money for a top warranty that covered the failure and repair of my engine )

More emails < - > the next thing they wanted to buy my car from me - I thought why I only wanted it repairing - they offered me £5000.00 for the car - I said that’s a joke - the value is £8000.00 plus its fast becoming a classic car (the car is low mileage bmw m3 1997)

More emails < - > they offered me £6000.00 (I said no way) then £6500.00 (no) I was getting no where (I had told the warranty company I did not want to part with my just wanted it repairing)

more emails < - > they offered me £6750.00 to buy the car from me - I was at my wits end with the stress and all the time this was taking... so I agreed to take the offer as I couldn’t take any more stress of it all.

The warranty company has sent me a cheque for £6750.00 for my car I have banked the cheque (I think the cherub has cleared - not checked yet) I said to the warranty company you can’t collect the car until the funds have cleared in my bank.

I feel like I have been forced in to selling my car to the warranty...

Now have been paid for the car I don't want to part with the car...

What do I do?

What would happen if I sent the warranty company the difference between the repair i.e. they have paid me£ 6750.00 to buy the car and the engine repair was 4800.00 plus vat = £5520.00

So I would send the warranty company a cheque back for £1230.00 and then get the car repaired as I wanted to do in the first place.

Obviously the warranty company would not be happy - what could they do??

They have not got any kind of receipt for my car to say they have purchased it from me / I haven’t signed anything - all the offers were via e-mails and phone.

It’s a sticky one I know - what’s the best thing to do?? As I don’t want to part with my car all I want is it repairing?

Its took 5 months to get to here L

Pew_Pew_Pew_Lasers!

Read the terms and conditions of your contract to see if they have the right to buy the car from you.

sarahg1969

I don't see what the terms of the contract have to do with it. Anyone is entitled to offer a price for anything. They've done so, and the OP has accepted. It's a done deal. Entirely separate from the warranty agreement.

OP, if you were to keep the £4.8k and return the remainder, I suspect they would pursue you for the return of the money or performance of the contract. In fact, it would look mighty suspicious, don't you think? If it went to Court, I don't think it would do your credibility any good.

kellkoo

sarahg1969 wrote: »

I don't see what the terms of the contract have to do with it. Anyone is entitled to offer a price for anything. They've done so, and the OP has accepted. It's a done deal. Entirely separate from the warranty agreement.

OP, if you were to keep the £4.8k and return the remainder, I suspect they would pursue you for the return of the money or performance of the contract. In fact, it would look mighty suspicious, don't you think? If it went to Court, I don't think it would do your credibility any good.

i wont be keeping the 4.8k i will be getting my engine fixed with it , then sending the warranty company the change.

this is what they should have paid in the first place ( i was covered in full for it ) but they wanted to save money by arguing the toss.

i would also send my bill for the repair of the engine to the warranty company... i wouldnt be making any money just getting what i should have got..

Inactive

By paying in the cheque you have effectively agreed to the sale, just let the warranty company collect your car, as you have agreed to do.

goldspanners

if it was me and i wanted to keep the car i would have told them to stop harrasing me into selling my car and then proceeded with my court case against them. (with the help of a lawyer of course).

Bowdyjan18

Just make them an offer for it

motorguy

kellkoo wrote: »

they offered me £6750.00 to buy the car from me - I was at my wits end with the stress and all the time this was taking...

Mate, of the 20 1997 m3' coupe's for the whole of the UK on autotrader, just one has an asking price of over £5795. :eek:

You did very well to get what you got. I'd take the money and run.

Result as far as i'm concerned. :beer: