GardX problems... Refunds etc

[spunko2010]

Hi all, I will keep it brief. I bought a car from BMW a few weeks ago, the price quoted on the New Order Invoice jumped a day later to include £2k of 'extras' that were added to the finance document! I didn't notice them until I had signed, but unfortunately for the dealer I did notice later on (after collection) and requested they be refunded ASAP. The products/services were:

 

Tyre Insurance

GAP protection

Chip Protection

and

Gard X Paint protection crap (£500)

 

 

The first 3 were refunded, the dealer refused to refund the last 1 as the GardX has already been applied apparently! Of course this made me very angry, why did it mysteriously appear between invoices without anyone even mentioning it.. They didn't even provide me with the new invoice until I had to request it.

 

Anyway upon requesting the refund for GardX, the dealer said it was not covered by the 14 day cancellation period that is applied to all insurance type stuff and had already been applied etc so they had incurred costs. Not really fair as I didn't ask for it or know I was getting it, but fair dos I signed on the dotted line, if you like... just chalk it up to experience and never go back.... However the GardX pack I have, includes a pack that refers to it as a 'warranty (i.e. we will come out and repair your car if X and Y are met, which of course never are). Is there any grounds for cancelling this still?

 

One other interesting thing the dealer said, that GardX is automatically added to the invoice and then cancelled only if the customer requests it, before it's been applied. Is this some sort of grey legal area they are occupying? I paid for the car on finance, surely this cannot be completely above board to do that and not mention it.

 

If anyone can help me take this into a suitable direction, either to SMC or FoS/TS, I would appreciate any guidance, I am livid!

[Conniff]

I see no reason whatsoever why you should accept a service you were not advised of either before or after purchase. Is car paintwork really that bad, I think not and a tin of wax and a Sunday morning will probably give exactly the same protection.

 

You should request a refund by recorded delivery letter saying that the application of the product was never agreed nor even mentioned either before or after sale and that you only became aware of it because it was on the invoice. See what they come back with.

 

As you will undoubtedly benefit from the application, you might not be entitled to a full refund, but a court would be the only place to decide that or if a part refund is offered, you can decide if you are happy with the amount.

 

How much was it ?

 

Any chance you can scan and post up the Terms & Conditions spunko, I can't find them on line anywhere ?

[spunko2010]

Hi Conniff thanks for your reply

 

It was for £500. The dealer said it took them 4 hours, and the kit costs £20 on eBay so what a markup that is.

 

I wrote a letter via recorded delivery for the 4 items listed and they refunded the 3. I had to ring them to find out if/why they wouldnt refund the GardX. That's when they gave the reasons above. I requested a partial or full refund but both were denied verbally over the phone - 'nothing I can do for you mate' etc. I am more than happy to incur costs and to go to Small Claims if necessary to see my moneys returned, just need to see if it will get anywhere first.

 

 

I have uploaded a photo of the 'warranty' document for GardX, if it's not clear I can scan it tomorrow for you - please see here: http://i.imgur.com/jV3Vb2v.jpg

[spunko2010]

Also, the following form (unsigned by me) was attached to the front of the booklet for GardX;

 

http://i.imgur.com/UM71kdp.jpg

 

It clearly has a policy number for the GardX.... The rest were cancelled . I don't know if this is just my unsigned copy and they have a signed one however I don't recall ever signing a copy of this! I did however sign the 2nd sales/finance agreement with these extras added on. So not sure on my rights to cancel.

 

To be clear the 'amount to finance' has never changed, the £2k of extras were added surreptitiously (I believe!) to the 'Extras' column.

Edited March 21, 2013 by spunko2010

[Conniff]

The reason ppi is being refunded is because those taking out loans were not told there were other providers or were not told about it at all, just sign here and here for your loan. I would say the same principle would apply to you. You have been sold something without being given the opportunity to decline it.

 

Send them another letter telling them you did not agree to nor were even told about this and it is not advertised in the showroom at all (if it isn't) and give them say 14 days to respond or you will take further action.

 

I can't see you not being entitled to at least a partial refund.

[Conniff]

I haven't read it all, it is a bit dark and blurry, but it does say you're not covered if you fail to wash off bird drippings, yet in the advertising it specifically mentions that cars paint can be damaged by bird droppings and the way it is worded would make it appear that gardx would protect against any damage.

 

I will have a deeper read tomorrow and see what else we can come up with.

[spunko2010]

Absolutely, I agree. I was planning to go to the dealership in person tomorrow to speak with the manager, who funnily enough said something along the lines of what you just said. I suppose if that fails I will write a letter before action type thing. Just so I am forearmed, would this likely be a matter for the FoS, OFT, Trading Standards, or someone else? Or just a private small claim? In case I need to drop that in somewhere.

[dx100uk]

this has been covered before

 

go get it all back + interest

treat all the stuff as a PPI reclaim - the gradex can be refunded too

 

let me find the thread for you.

 

dx

[dx100uk]

just_jue should pop in

 

dx

[stu007]

This may be nothing but something I have picked up is in post #1 you mention GardX Paint Protection £500

 

so why do the Terms & Conditions in post #3 mention "Paint Sealant" and "Fabric and/or Leather" both individual.

 

The reason I mention this is if you look at the GradX Brochure on the Fabric Protection and Paint Protection they are two different elements but OPs T&C cover both so were both infact actually done?

 

Soz forgot to add link to the brochure: https://www.gardx.co.uk/index.php?page=other&parent=1&pid=2

 

This is the GardX Brochure I mention:

[spunko2010]

I don't know if any of them were done... The dealer says they were. Obviously.

 

Few days ago I spoke with GardX over the phone to verify if I had been registered... and they asked for my certificate number I said I hadn't been provided one, they asked for my Car Reg no so I gave them that and they said it had been registered in their system, but then she said without the certificate I could not claim a thing (not that I would claim, it's not worth the paper it's written on, but might make cancelling easier) and told me to chase the dealer for the Certificate. I didn't chase them because I thought of using this as further ammo. Still no certificate.

 

I read just_jue\s thread but his/her issues were slightly different to mine as the GardX was added to the cost of the car itself without being mentioned (car + Gx), whereas mine was added as an Extra without being mentioned.

 

Thankfully it's 0% so no interest to chase. I guess it comes down to seeing how far I can push them to get as much as back as possible. I'm not fussed about getting it ALL back as the work has been done, but I would like at minimum £400 of the £500 refunded as I believe £100 is a fair price for them to cover their costs (£30 for the glorified polish + few hour's labour). I am considering pushing for petrol/time wasted on my 3+ trips down there too. Definitely won't be going back there either in future.

Edited March 21, 2013 by spunko2010

[just_jue]

Hello,

 

I had the same problem with GARDX via Welcome finance. With help from DX I managed to claim this back.

It seems that they make good mark up on the GARDX but don't register you with the company which in my eyes makes it null and void.

In the end I had to take the matter up with FOS which was hard work.

You should write the dealership a letter outlining your complaint with a copy to the finance company.

 

When you placed the order was you asked if wanted GARDX or was it just assumed, if you wasn't told how could you them that you didn't want it.

 

I don't know if GARDX has changed but when I went through my complaint in their terms and conditions you had to pay an amount every year to keep the cover otherwise it would be null n void.

 

Hope you get it sorted.

 

JJ

Edited March 21, 2013 by just_jue
spell mistake!

[spunko2010]

Hi

 

Thanks.. No was never asked. If they did ask me I would have said no.

 

The bit that irks me is how the salesman is saying how they just 'add all these extras in to all orders' by default. I just cannot see that being the case and if it is, surely it's not legal.

 

Do you know if the FOS cover this as whilst I paid for the car on finance the dealers are saying it's not a financial product.. even though as you say it says recurring payments (the wording is such that it doesnt say it is required but recommended). It definitely seems to be more of a policy/warranty based on the wording.

Edited March 22, 2013 by spunko2010

[dx100uk]

yes you can reclaim the lot

 

dx

[spunko2010]

Have an appointment with the manager tomorrow now, will kick up a stink and report back hopefully with some good news, otherwise it'll be Moneyclaim online

[dx100uk]

go armed with spreadsheets of what this lot has cost you DONT let them off without getting the interest at THEIR rate all thiese have cost you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

use the foscisheet

 

how to do them is below

 

treat as PPI

dx

[spunko2010]

Thanks... Actually manager just rang me up and told me to 'go fish' basically. Offered a free valet though no chance... Dog with a bone etc.

[spunko2010]

Just to clarify, what I have done up to this point is:

 

1. Send via record delivery a request for the refund of the four items

2. When I didn't hear anything back I sent another via recorded delivery to request refund for the four items.

3. Rang the FOS but didn't press ahead with the complaint to BMW Finance, just left it in the system.

 

A few days later after (2) the 3 of 4 were refunded to me. Do these 2 earlier letters count as they also include 3 other products/services that were bought, or should I start over with the 1st/2nd/letter before action tally and just mention this single product that is outstanding that I also wanted refunded, i.e. the GardX? Thanks...

Edited March 22, 2013 by spunko2010

[dx100uk]

i would not give up no

 

dx

[spunko2010]

Hi DX, not giving up, I will pursue all the way.

 

Just not sure on the interest side since its 0% and the policy is only 2 weeks old,

so preparing to just claim on the £500 with no interest applied.

 

Also not sure if my complaint would reside with FOS or Trading Standards,

or just skip those out and initiate a small claim via MCOL

[dx100uk]

i'd have a quick word with the fos

 

as they've done 3 they sahould have done allof them

 

that money went in his pocket mate!

 

dx

[spunko2010]

Spoke with FOS, left it as saying i'll research over the weekend and give them the goahead once I'm clear, they have all my case details. Only problem is, FOS said they could only tell BMW Finance about the claim, but it's not really to do with them as such as they didn't flog me the cr*ppy extras, it's the dealer Inchcape/Coopers.

 

Really want to find out more about their claim this is added by default to ALL new cars and something the customer must opt out of, no expert but surely there are keyfacts to go through etc? Claim has been backed up by the branch manager too

[stu007]

something to consider is

 

1. Writing to the Dealer requesting the GardX Paint Protection Certificate as without this Gardx will not honor the Lifetime Guarantee.

 

2. Writing to GardX asking them for clarification on the documentation you should have received from the Dealership on the Gardx Paint Protection and if that Dealership is registered with them for the GardX Products.

[spunko2010]

Hi stu, thanks. Re: 1) if I do write to the dealer about the Certificate that's invalid/missing, they'd presumably just send me a valid one. Wouldn't it make sense to not ask for it, then use that as ammo to argue it was not applied correctly? I don't want this product after all, it's junk.

 

The dealer is registered but there was no trace of my car, when I checked last. I have no certificate just a few booklets and some terms and conditions and 'cleaning guidelines' that are just photocopies. If it wasn't me but someone else in this situation I'd laugh at the photocopies and what I got for £499... !

[just_jue]

I would also find out if the GARDX has to be registered in a certain amount of time.

If it has been registered by a certain time this must more ammunition for you

Even thou it is 0% there is still finance on the item so you should be able complain to the FOS.