Car Warranty Misuse?

Captain_Snork

Need Help:

I bought a car, there were issues - after a lot of e-mails over many months, the company (an independent dealership) finally picked up the car - some of the issues could only be sorted by the main dealer, so they delivered the car to the main dealer, but rather than pay for the issues to be fixed, the independent used the warranty that they had sold to me - without reference to me.

I only found this out after I had spoken to the warranty company - I asked if I could transfer the warranty to a new owner if I sold the car and they told me that since a claim had been made, that was no longer possible. I said that I had not made a claim and the warranty company told me that I would have had to sign for any claim that had been made, at no point did the dealership inform me that a claim was being processed and at no point did they ask for/supply me with paperwork to be signed.

I am concerned that this constitutes fraud, I have confronted the dealership, but they are denying any wrongdoing and they've said that they used a system known as onelink, but surely it is my warranty, I have paid for it and I didn't sanction any use of my warranty without my consent. Shouldn't they have asked me if it was OK to save themselves money by claiming on my warranty? Should I involve the police? Am I completely wrong? Is what they've done accepted practice?

I am considering approaching the Motor Ombudsman or the police, any other avenues that I should explore – I don’t think that this is something that they should just ‘get away with’.

Thanks in advance for any help/advice.

CliveOfIndia

I'm afraid I can't comment on the legalities or otherwise of the dealer claiming on the warranty.  But it's not a police matter - it might possibly come down to contract law (which an ombudsman might, possibly, be able to help with), but it's not a criminal matter. 

born_again

How long had you had the car when the issues appeared?

Arunmor

Is that not why you bought the warranty for situations such as this and what difference does it make to you?  (The information given by you is very scant.)

chrisw

I'm struggling to see what your point is? It's been fixed, why does it matter who paid?

Captain_Snork

born_again said:

How long had you had the car when the issues appeared?

The initial problem became evident after six weeks.

WellKnownSid

Captain_Snork said:

Is what they've done accepted practice?

Yes, what they've done is standard practice.  Technically the selling dealer is responsible for picking up the tab but the reality is that in the presence of a warranty they are going to ask them first to foot the bill and if it's covered happy days - it's why they have relationships with warranty companies in the first place!  Most drivers would find this a boon at times when we all buy cars from dealers 200 miles away and then want the convenience of a local repair.

Ultimately if you had gone out and bought your own warranty at the time it would have been your own warranty - chances are it would have been more expensive, come with far more strings attached, covered less, been less convenient (the dealer may not have wanted to deal direct leaving you to do all the negotiation) and may have even asked you to stump up the readies before paying you out several weeks or months later - minus a significant wodge for "betterment".

Instead you went ahead and bought their own warranty, probably got a good deal vs retail and it really does sound like they covered the issue without any quibbles leaving you nothing to pay which is really all you want from a warranty at the end of the day. 

Definitely do not call the police, fire service or the local Boy Scouts.  It's all fine.

BlueHarbourBouy

Wow, a warranty company that actually 'coughed up' They usually decline and use a get out clause.

Bigwheels1111

Last year my Peugeot had an Adblue fault.
I have a Peugeot extended warranty.
Took it in, they scanned the car, found the issue, The Adblue tank.
I took it back and tank was fitted and programmed.
I never gave permission or claimed it was just done.
Not sure what your issue is, work done.
Thats a miracle in its self.

Bigphil1474

As above. I have MOT cover as part of my Peugeot warranty, and the car failed on rear disks and a few other bits. Replaced what they could under warranty, no paperwork , no signing, just a mention that my bill was £300 cheaper than it would have been. (Warranty paid for itself this year).