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Used Car warranty claim period

I was given a 6 month warranty with a used car I bought. I submitted a claim but never got round to providing a repair quote until recently (FT job, christmas, life! etc).  I have now found a garage to quote but the warranty company have closed my claim as I am outside of the 45 day window to provide the quote. I have submitted a new claim but its been declined because its for the same repair reasons as the first claim.  Note the car is driveable but has a few things which need looking at such as a sticky clutch and a fault door lock, which I hoped to get repaired before the warranty expired.

Do I have any basis for appeal, noting the 45 day window is only noted in the original T&Cs & not anywhere in the claim documentation? I thought TCF may apply but warranties dont come under FCA rules.

Comments

  • paul_c123
    paul_c123 Posts: 975 Forumite
    Fourth Anniversary 500 Posts Name Dropper
    Did you inform the supplying dealer of the car issue?

    If not, and if its an aftermarket warranty, it is completely worthless, as you have found out.
  • The warranty was provided by the used car dealer and valid for 6 months from owning/collecting the car.  There were some faults with the vehicle immediately on collection and the original used car garage took it back to do 'some' repairs and ended up having the car for 5 of the first 8 weeks I owned it. Unfortunately, they didnt repair all of the issues and I had so much trouble with them that once I finally got the car back, I decided to claim directly under the warranty. I dont particularly want to go back to the used car dealer again as they are a small independent garage who in short, were very angry that I even asked them to do any initial repairs, and they only finally agreed to do them when I called their bluff and asked for a full refund so I could return the car.

    I appreciate that the timescale between my submitting a claim and trying to obtain a quote for repairs was indeed my own fault but I genuinely didnt realise here was a 45 day period in which to do this as none of the claim paperwork includes it. I have since found it in the initial T&Cs which were overlooked due to the excitement of getting a new vehicle.
  • Mildly_Miffed
    Mildly_Miffed Posts: 2,357 Forumite
    1,000 Posts Fourth Anniversary Name Dropper

    I appreciate that the timescale between my submitting a claim and trying to obtain a quote for repairs was indeed my own fault but I genuinely didnt realise here was a 45 day period in which to do this as none of the claim paperwork includes it. I have since found it in the initial T&Cs which were overlooked...
    So none of the paperwork except for the bit that did?

    A warranty is not a replacement for your legal rights. It's on top of them. Those legal rights are what you'd rely on for returning the car to the seller. What age of car is it, what sort of price, mileage, apparent condition? They're all things that affect your consumer rights. 

    If you want to claim from the warranty, you have to follow the process, unless it's unreasonable.

    Allowing a quarter of the entire warranty period for submission of a quote is hardly unreasonable. 45 days ago was the 2nd of December, so "but Christmas" is... stretching it.

    Remember, a third-party used car warranty is just an insurance product. It's designed to be leave a profit for provider from what you pay in minus their operating costs, commission to the car seller, marketing costs, staff costs, office costs, tax... and claims paid...
  • PTP123
    PTP123 Posts: 56 Forumite
    10 Posts Name Dropper
    What did you buy and what did you pay for it?

    I recently sold my old van (13 years old, 167K miles) on marketplace and the guy who bought it had the cheek to complain a month later that a parking sensor had stopped working. Some people expect a new vehicle when buying used
  • born_again
    born_again Posts: 23,798 Forumite
    10,000 Posts Sixth Anniversary Name Dropper

    I appreciate that the timescale between my submitting a claim and trying to obtain a quote for repairs was indeed my own fault but I genuinely didnt realise here was a 45 day period in which to do this as none of the claim paperwork includes it. I have since found it in the initial T&Cs which were overlooked...
    So none of the paperwork except for the bit that did?

    A warranty is not a replacement for your legal rights. It's on top of them. Those legal rights are what you'd rely on for returning the car to the seller. What age of car is it, what sort of price, mileage, apparent condition? They're all things that affect your consumer rights. 

    If you want to claim from the warranty, you have to follow the process, unless it's unreasonable.

    Allowing a quarter of the entire warranty period for submission of a quote is hardly unreasonable. 45 days ago was the 2nd of December, so "but Christmas" is... stretching it.

    Remember, a third-party used car warranty is just an insurance product. It's designed to be leave a profit for provider from what you pay in minus their operating costs, commission to the car seller, marketing costs, staff costs, office costs, tax... and claims paid...
    Many are not Insurance backed, as that is a regulated area. Which would mean, complaints going to FOS.

     The company just payout
    Life in the slow lane
  • As I understand it, a warranty is only covered by the FCA is its extended or sold after the initial dealer provided warranty has expired.  I did consider TCF but this is FCA rules so doesnt apply in this case.

    I bought a 10 year old SUV (MG GS) for £5k (70k miles).  When I collected it some basic features didnt work, eg one of the rear doors didn't lock meaning I couldnt leave it in a public car park as it wouldnt have been insured, the rear washer wasnt working, they replaced a cloudy headlight and the alignment was off.  However I also told them about power issues (dash displaying errors so it likely needed a new battery), a clutch pedal that occasionally got stuck down and hard brake pedal. (I also found an open stanley knife floating around under the bonnet which thankfully hadnt caught any pipes!)

    They initially had it back to repair the door lock & rear washer (new actuator) and told me they had bled the clutch (they ignored the brake & battery issue). However upon return, the clutch was still sticking but now the timing was off and it kept stalling.  I took it back and got shouted at that I was daring to ask them to make the repairs and it was costing them money, so I asked for my money and the car I had part-ex'd back and they then reluctantly agreed to repair it again.

    So they got back and after 4 weeks of being told it was ready, then it wasnt, they eventually told me it had gone back to MG to have the timing chain overhauled as that was causing it to stall (I bought it on the basis this had been replaced) - when it was finally returned to me for the 2nd time the clutch was still sticking, the brake pedal was still hard and it still had power issues.  

    As time as gone on, the rear door on the other side doesnt always unlock and the brake & clutch pedals remain fault and I still get power warnings (not great when you need the fan and rear demister on at this time of year, and only one or the other can be used).

    So rather than be abused by the original dealer I decided to raise a claim directly with the warranty company.  Im a lone parent to a disabled child with zero local support, I need a vehicle at all times so need a garage who can offer a courtesy car.  I also work full time, volunteer part time and was dealing with a garden renovation, dog being spayed and christmas activities for work, school and the charity - I simply ran out of time!

    And now.. the warranty company have declined the claim - before its even become a claim due to a time limit which isnt specified anywhere other than as single line in the initial T&Cs!

    I think the car is doomed!!!  or me!!!
  • For info, the original claim was submitted on 7th November, so the 45 days expired on 22 Dec - if its 45 business days (which isnt specified in the T&Cs) then 45 days is 9th Jan!  If its the latter I missed it by literally 3 business days. 
    Its Evolution Warranties
  • paul_c123
    paul_c123 Posts: 975 Forumite
    Fourth Anniversary 500 Posts Name Dropper

    I think the car is doomed!!!
    Or to use a technical term - the car is "a lemon". Get rid of it ASAP. In my experience with the modern MG (the SAIC Group Chinese cars, not the real MG manufacturer of days gone by) there are quality issues which means that while some cars are okay (and good value for money), some cars are simply not right and there's severe quality issues for example screens breaking, clutch made of cheese, etc etc.

    For £5k - or less, now that you're selling trade/private and won't get retail price back (unless you have more money to put to a car) I can't really suggest anything except roll the dice again. But choose something with a better reputation, for example a Ford, VW, Toyota, Seat, Skoda, and do a bunch of research to avoid known reliability issues which certain cars have.
  • Mildly_Miffed
    Mildly_Miffed Posts: 2,357 Forumite
    1,000 Posts Fourth Anniversary Name Dropper

    I bought a 10 year old SUV
    Stop right there...

    That's just about everything ruled straight out as being wear and tear and pre-existing issues. Your hopes of any recompense from anybody are extremely limited.
  • born_again
    born_again Posts: 23,798 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    As I understand it, a warranty is only covered by the FCA is its extended or sold after the initial dealer provided warranty has expired.  I did consider TCF but this is FCA rules so doesnt apply in this case.
    FCA & FOS would only become involved in Insurance backed policies.

    Many 3rd party warranties are not Insurance backed. If they are it will state in the T/C & bottom of web page.

    EG
    https://www.warrantywise.co.uk/car-warranty

    What if I have a complaint?

    We take complaints very seriously and all complaints are thoroughly investigated by our Customer Relations Team. Our commitment to customer satisfaction means that if you are dissatisfied with the initial response, we have an escalation process in place to address your concerns further. We value your feedback and strive to continuously improve our services, ensuring that your experience with Warrantywise is of the highest standard. For more information on the escalation process, please refer to our complaints page, and if we cannot resolve your complaint between us, you can refer it to Edd China for consideration in his role as Final Arbiter.

    Is not a insurance policy, if it was they would have to mention FOS

    https://www.coverme-warranty.co.uk/disputes

    Please note: The Financial Ombudsman Service (FOS) does not have jurisdiction over discretionary warranty products.
    Life in the slow lane
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