Hello,

I'm after a bit of advice,

I've had my car 2 and a half months and the engine has ceased due to a lack of oil getting into the engine.

It has had the engine removed by a BMW specialist and they have diagnosed that the oil pump has gone faulty as there is plenty of oil in the sump tank.

I have tried to claim this through warranty as the car requires a new/refurb engine.

The warranty company are finding every way under the sun not to pay out.

I'm 19 so I don't really know where I stand

so some advice would be greatly appreciated.

Thanks

Well now you start to understand some of the truth about extended warranties.

I'm assuming that this car was bought from a dealer? Please confirm and please tell us which dealer it was.

If you look at the Consumer Rights Act you will discover that the responsibility is with the seller and because you have had the car less than six months, there are entitled to attempt one repair and then if the repair fails, you are entitled by law to insist on a refund or replacement – at your option.

Who was the dealer?

Have you contacted the dealer about this? And what have they said?

You should start off by getting a written opinion from the BMW specialist and then we will help you with your options.

The car was bought from a dealer in Bryn, Wigan called Merit Motor Company.

I was hoping to get it sorted through warranty but as they are finding every way out of it I am going to ring the garage and explain the situation to them and tell them they have 1 chance of repairing the vehicle.

I should Hang on a minute if I were you.

We have told you what your legal rights are here. I would suggest that you don't get into a conflict-oriented conversation with the garage at the moment. I suggest that you simply present them with the problem and say to them that as the car has only recently been purchased from them, you'd like them to repair it.

If they then start to fob you off then come back here and tell us what they said and then we will help you write them an appropriate letter and start to take control.

I don't think it's a good idea to start phoning and start blasting on about legal rights before you know that they're not going to be cooperative. You never know they might be excellent dealers.

How much did you buy the car for? How old is it? Did you pay extra for the extended warranty? Can you please let us know a bit more about what Centurion's excuses are

I paid £6795 for the car. It's a 57 plate and I paid £250 for the extra 12 months warranty.

I will present them with the problem and take it from there.

Should I say to Merit Motor Company that I have spoken to trading standards and I am well in my rights to ask for him to repair the car?

No. Trading standards amount to nothing. They don't deal with individual complaint such as yours.

Don't say anything to them unless you understand what it is you're saying because if you start bluffing you will be called out on it and then you will lose credibility.

Simply begin with a nice polite telephone call telling them the problem and asking them for their help. Read our customer services guide first. Implement the advice there.

I asked you to let us know why centurion were refusing to help – but you haven't responded. Please answer my questions.

Sorry, they were refusing to help because they was saying there was no way the problem could of occured so suddenly and that I should of notice that the engine wasn't getting oil to it. They said there should of been some indication such as warning lights but nothing had come up on the dashboard. They also said that I should of heard the engine begin to knock but I heard nothing on the last journey in the car.

Thank you. Have you been communicating in writing or is this all on the telephone? If it is in writing, please can you post up their letter in PDF format.

I have been communicating via telephone but I hadn't been recording my calls until now after following your advice.

So the excuses you have received from centurion are simply verbal.

I think you need to get a paper trail going urgently. Write an email to centurion explaining to them exactly what has happened – giving them the detail and also the action that has been taken subsequently i.e., the inspection and the opinion of the vehicle inspector as to what has caused the problem.

Tell centurion that you want to make a claim and that they are free to inspect the vehicle at XXX address where it now is. Asked them if there are any forms which need to be completed and asked them to send them to you immediately.

Tell them that you are very disappointed that you have already called them and that their first reaction was to deny any liability under warranty on spurious grounds. Tell them that you are waiting for the claim form by return and that you want the vehicle repaired by them as quickly as possible.

It is very important to be able to show that you have called them and what they have said to you. Because you have no recording, you are putting down in the email what their reaction was to you so that it is clear and if later on you have to take some slightly more serious action such as bringing a small claim in the County Court then you will have some evidence.

I'm suggesting that you take this action in respect of centurion simply in order to protect you and to give you a second string to your bow. However, the principal responsibility is with the dealer. Telephoned the dealer as I have already suggested and come back here and let us know what has been said. Record the call.

Who is it that recommended the centurion extended warranty?

I have had a look at the centurion warranty.

If they stick to their position then I suppose that they are trying to rely on paragraph 15 and also paragraph 27.

I see that their paragraph 14 disclaims any reimbursement for repairs if you have not followed the correct claims procedure as detailed in your warranty agreement. This is an unfair contract term and it is unenforceable. Once the insured/assured risk has occurred then failure to carry out some administrative requirement in the contract will not relieve them of their liability.

Warranty Book 2016 F4.pdf

The warranty company have already been out to inspect the vehicle and it has been 2 weeks since the vehicle has been in the garage. It is upon the inspection that they have said that it's not tallying up and they are in talks with the director to see if they are paying out or not. The garage said about extending the warranty to 12 months for £250.

I have had a look at the centurion warranty.

 

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If they stick to their position then I suppose that they are trying to rely on paragraph 15 and also paragraph 27.

 

I see that their paragraph 14 disclaims any reimbursement for repairs if you have not followed the correct claims procedure as detailed in your warranty agreement. This is an unfair contract term and it is unenforceable. Once the insured/assured risk has occurred then failure to carry out some administrative requirement in the contract will not relieve them of their liability.

Sorry I don't understand what you mean by the paragraph 14 section?

Don't worry. It doesn't apply to you. I'm just making a little criticism of their terms and conditions.

You haven't told me who it is recommended centurion?

Ah right okay no worries. And I have just ammended my previous post.

I hadn't realised that there had already been inspection. I gathered from you that there had simply been a conversation in which they had rejected your claim.

As they have carried out an inspection and the car has been in the garage for two weeks, I think you should send them an email – but not one I suggested earlier – telling them that the matter is now going on rather too long and you need a definitive answer. Tell them that you are very disappointed that their first reaction seems to be that they are disclaiming liability because of what you consider to be spurious grounds.

Tell them that you need an answer immediately.

At the same time, please start dealing with the garage as I have suggested above. This is extremely important. You need to get an answer from them as well.

Once we get the information back from the dealer and from centurion then we can consider the next step to take

So the people who sold you the car also recommended the warranty. I wonder if they got a commission out of it?

I suppose this could be helpful because that would mean that the dealers should realise that if centurion doesn't do the job, then they, the dealers will have to. This might help the dealer to put some pressure on centurion.

I hope you understand a bit that extended warranties generally speaking are a waste of money. You're much better relying on your statutory rights which could last you for up to 6 years depending on the problem that develops with the vehicle – or other item.

Extended warranties are really a bit of a con trick

Yes the dealer recommend the warranty and gave it me at trade price.

I only took out the extended warranty as a precaution as I'm only 19 years old and dreaded something like this would happen.

I have also sent centurion warranty an email requesting the engineers report/s and that I want an immediate decision as soon as possible so I then know what my next step in the process is.

Okay, have you spoken with the dealers yet?

Not yet. I am going to ring them on my dinner break.

Just my luck... The garage is shut till the 10th April...

Are you referring to the dealer Merit Motor Company or are you referring to the garage which currently has your car?