Miss Sold Car Protection Insurance

mrAmex

Firstly, I am new!! :j so please let me know if this wrongly posted. Thanks :beer:

A couple of months ago I purchased a new car on finance and paid my first deposit on my credit card. Perfect as I had to wait a day or two for my pay to clear into my current account.

However... a month later I had a problem with the paint work. But I purchased cover for £399 for all minor paint defects caused by scratching or in the event of a crash to spray etc etc.

Knowing under the Section 75 of the Consumer Credit Act 1974, I am entitled to claim back or proceed a claim against a shop or merchant that miss sold any product.

Firstly, I was told by the sales man I would be covered no matter what... should a child draw on my car when parked up, I knocked a fence and the paint came off... I was covered and free respray!

I have raised this with my bank, who issues my credit card on behalf of Amex!! However, they have told me I am not entitled as the paper work doesn't clarify this.

But my point... when someone veribly advises this, its still a binding contract of purchase. Plus... if PPI have the paper work and told over the phone... why ain't they assisting me!!!

Someone please help - £399 on paint cover is a joke

Thank you and look forward to your responses !!

ILW

What is the problem with the paintwork and why is it excluded from the cover?

_Andy_

"£399 on paint cover is a joke" - why did you agree to it then?

mrAmex

Basically, the paint came away and I was told the £399 paint cover for life would cover it. I booked the appointment for a respray etc everything agreed.

I arrived at my booked slot being told I am not covered even though the sales rep saying I was because I purchased this. It wasnt a joke at first buying it knowing I was covered. But now... it is!

ILW

Surely this would be covered under manufacturers warranty.

mrAmex

No. But what I want to know is, why when you are sold something to protect you and cover by the credit act as I used a credit card. Why would either party help? or even point a finger to who is in the wrong?

I am stuck with a £399 bill for something that was miss sold and a credit card company not willing to help me?

I have contacted trading standards and the rest, but they say I cannot discuss till I resolve something with the companies direct?

Thank you again

ILW

I would suspect that the policy covers damage to the paintwork but not a manufacturing defect that would be covered by warranty. If that is the case then you have not been mis sold and the CC co will not refund you.

Bit like your general car insurance will cover you for an accident, but not for a fault on the car.

thenudeone

As stated, a manufacturing defect on a new car purchased a few months ago is covered by the manufacturer's warranty or at worst, by a Sale of Goods Act claim against the supplying dealer.

Damage caused in a crash would be covered by insurance or part of the general cost of repairing the panel. No-one would repair the panel without re-spraying it as part of the price.

So you've paid c£400 for a policy covering no more than accidental damage. You could repair quite a few minor scratches with £400.

Nevertheless, to get a solution you need to explain:
1) What is the garage saying the cause of the problem?
2) What does the policy say about problems caused by cause 1)?

That will determine what the solution is.

You can probably ignore what the salesman said. Some car salesmen will say anything to get a sale. When you received the policy documents you would probably have had 14 days to read them before rejecting them, if the terms weren't suitable. If then terms don't cover what the salesman said, you should have rejected them and got a refund. Otherwise you're bound by them.

CCA s75 does not provide any extra rights.
It simply provides an extra party to claim against, in order to enforce your existing legal rights. You still have to have a genuine contractual or statutory claim against another party.