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hoyauk

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

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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


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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 DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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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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