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Warranty Direct told me it was transferable on car sale - now they say its not!!


hoyauk
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Hello,

 

I am looking to refer a complaint to the financial ombudsman as I believe the company I am complaining about have overlooked a couple of key points.

 

Firstly, I would like to review all of the information myself. Therefore, I need to submit a subject access request.

 

Is the company required, under the law, to provide me with recordings of my telephone calls plus their own notes on my file?

 

Many thanks

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Hello

 

I purchased an extended warranty from Warranty Direct in 2012. They collect premiums in four monthly payments. After my first year, the premiums were a little large for me to manage so I rang them to cancel my policy in June 2013. This was a brief telephone call during which the advisor offered me a monthly payment schedule as they can offer this to loyal customers. I accepted this offer.

 

One feature which attracted me to the policy was that when you sell the car, the warranty can be transferred to a new owner. This obviously makes the car a more attractive buy with regards to a private sale.

 

I continued with the policy with no problems. During November 2014 I decided to sell the car. I rang Warranty Direct to find out how you go about transferring the warranty so I would be prepared once a sale was agreed. They told me as the policy was not able to be transferred. I expressed disappointment that this was not explained to me when I changed the payment schedule. I was under the impression that they offered me a monthly payment plan to retain my custom and that was all. They told me the policy could not be transferred as I was on a continuous monthly policy, that could be cancelled by giving a notice period of one month, but was never ending until the car reached 130k miles. I offered to pay the remainder of the annual policy which they rejected due to the car being too high risk. I also queried the fact that I had renewed in May 2014 and had negotiated more favourable terms which there would be no need for them to offer if I was on a continuous policy. They have not responded to this point in their written response.

 

They accept they did not explain this change to me when I was offered a monthly payment schedule. As mentioned above, ther conversation was very brief. From memory, which I feel is fairly accurate, the conversation went along the lines of..

 

Me: I would like to cancel my policy as the payments are unmanagable

Advisor: We can offer you a monthly payment schedule

Me: Ohh okay, that sounds good

Advisor: We are able to offer this to loyal customers.. I will get your direct debit amended

Me: Great thanks, have a nice day

 

A retentions advisor has explained that this is not a benefit of the policy so they do not accept this as a valid complaint. There is no reference to this point in the written response from the customer service manager.

 

They claim in their written response to have sent me a new policy document detailing the changes in June 2013 but I have no record of this (I accept there is a chance I may have misplaced this but I have several other documents from them, dated from the start of my policy and throughout, and am pretty meticulous with filing my paperwork). The only additional policy document/booklet I have is from my renewal in May 2014. There is no explicit mention of the change, just it is not contained in the policy booklet - which looks nearly identical to the first policy booklet I received when purchasing the initial policy. As the retentions advisor who offered me the new payment schedule in June 2013 did not say there would be any changes to the T&Cs, I never read through the new policy booklet/document with a fine tooth comb.

 

Therefore, my complaint is I have been treated unfairly and had a considerable benefit of the Warranty Direct product deprived from me. If this had been explained to me, I think it is unlikely I would have renewed in May 2014 as I was aware I would be looking to change the car during the next year.

 

In their written response, they have advised I would need to contact either Motorcodes or the Financial Ombudsman. I intend to contact the Ombudsman but before I do, would like to review all my phone calls just to ensure the accuracy of my comments.

 

Do you have any advice on the complaint in general or on how/the best way to submit a subject of access request?

Edited by hoyauk
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threads merged and tidied for you..

 

 

the SAR simply needs a specific line stipulating your wish recording or transcripts.

 

 

though they might not now hold them ..I bet.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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threads merged and tidied for you..

 

 

the SAR simply needs a specific line stipulating your wish recording or transcripts.

 

 

though they might not now hold them ..I bet.

 

 

dx

 

Their response dated 16th Jan 2015 refers to them.

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brilliant then go for it

 

 

I think you have an excellent case.

poss even to demand your payments back.

 

 

with interest at 8%!"

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Not necessarily, however a transcript will suffice as compliance.

We need more info though, Tell us more plz...

 

Hi there, thanks for the response and info. A couple of posts have been deleted to make the thread more relevant and easier to read, so apologies for any confusion you may have right now. I have now posted the full story.

 

brilliant then go for it

 

 

I think you have an excellent case.

poss even to demand your payments back.

 

 

with interest at 8%!"

 

 

dx

 

Thank you for your opinion.. will get the subject request sent off ASAP.

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Please read up on ICOBS which gives you the right to take dir3ect action in the County Court if you have been treated unfairly - and it sounds as if you have

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