Before I sue Axa . . .

foggytown

Some time ago I mentioned I was in dispute with Axa over their denial of a claim under a mechanical breakdown policy. It got to the point where I was about to start the ball rolling via Moneyclaim and then I had a thought that gave me pause.

In September 09 I purchased a car from a local dealer. With it came a "free" one year mechanical breakdown policy underwritten by Axa and administered by Global Insurance Management. Although I am the named insured on the policy, I (theoretically) didn't purchase it and didn't give Axa any money. (Yes, I fully realise that I paid for it via the cost of the car.) One question on the FOS complaint form (I may go that route instead of Moneyclaim) is, "details of the adviser or business who originally sold the product or service you’re complaining about". The dealer? Is he actually involved in this? Is he a complication?

huckster

The dealer would just be a broker, passing on the Insurance with the car they were selling. They would not benefit from the product in any way and would not be party to any complaint. It would not be a 3-way agreement, where the dealer would have any legal relationship to this. It is not the same as buying a car on finance for example,where effectively you and the finance company have legal ownership/relationship and can take joint action against the seller.

Having said that, this is not really what you have asked. In regard to the FOS form, you simply state the Car dealer as the broker of the Insurance, which came with the car. The FOS will deal with AXA as the underwriter.

Going back to the finance issue, actually if you did buy on finance, if the breakdown policy is paid as part of the finance deal, the finance company could become involved, if you enquired with them.

Annisele

I haven't read your previous threads, but I guess it would depend on why Axa rejected your claim.

For example, if Axa rejected your claim because it says you failed to disclose something, and you say that you disclosed to the dealer but the dealer failed to pass the information to Axa, then I guess the dealer is involved.

On the other hand, if your dispute is that Axa agrees that it provides cover for 'widgets', Axa says that your claim is for 'not a widget' and you say it really is for a 'widget', then I'd suspect that the claim hinged on the definition of 'widget' - which the dealer probably isn't responsible for.

I know that's pretty vague, but you didn't have any other replies so I thought I'd chuck it in in case it helped. [Edit: except huckster's - which was seconds before mine!]

PNPSUKNET

was it an electrical fault or wear and tear than it was refused for?

mikey72

huckster wrote: »

The dealer would just be a broker, passing on the Insurance with the car they were selling. They would not benefit from the product in any way and would not be party to any complaint. It would not be a 3-way agreement, where the dealer would have any legal relationship to this. It is not the same as buying a car on finance for example,where effectively you and the finance company have legal ownership/relationship and can take joint action against the seller.

Having said that, this is not really what you have asked. In regard to the FOS form, you simply state the Car dealer as the broker of the Insurance, which came with the car. The FOS will deal with AXA as the underwriter.

Going back to the finance issue, actually if you did buy on finance, if the breakdown policy is paid as part of the finance deal, the finance company could become involved, if you enquired with them.

If the dealer was the broker, he would be getting commission for the insurance sale, even if the price was included in the car price.
It doesn't alter the response on the form though.