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APA/Autoprotect Gold warranty cancellation/cooling off period

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Hi everyone,

 

i have recently just purchased (16/11/2015) a 60 plate BMW 318d from a car supermarket.

 

 

Unfortunately I was also sold auto protect gold warranty,

i was sceptical at first and in hindsight after reading some of the horror stories regarding this company,

it is something i shouldn't have purchased.

 

Both the car and the warranty were purchased on finance, through 2 separate lenders.

 

The dealership gave me the hard sale, and mentioned that virtually everything is covered,

he also added that as the warranty was being purchased with the vehicle,

that would in turn reduce the monthly cost of the car by around £30,

i thought this was a bit odd.

 

 

The cost of the cover worked out to be around £70P/M so this would in theory work out to an extra £40 per month (on top of the price of financing the car)

to have the "Piece of mind of this fantastic cover" , and after forking out a lot on my previous motor, decided that this may be a worthwhile investment.

 

I have received the paperwork from Santander for the credit amount that has been sent to APA/Auto protect,

and in there it says i have the right to cancel this within 14 days no questions asked, perfect i thought, no problem.

 

HOWEVER I have studied the paperwork from APA (Something i deeply regret not doing at the car shop).

In these T&C's it states under Cancelation;

 

"Should you cancel this agreement, there is no surrender value and no monies paid will be refunded":evil::help:

 

Is that right?!

Can they do that?

Or have they just failed to mention that you are entitled to cancel with a refund within 14 days?

 

 

I was under the impression that i could cancel this within 14 Days?

 

 

AT NO POINT did he mention the cancellation rights?

Can i use that to my advantage if he hides behind the "no monies... refunded" line...

 

I'm just trying to seek all the advice i can before calling the car shop, as i can be more prepared.

 

Details are;

Car: cash price £8,995. With interest 20.7% over 60/M £232

Gold warranty over three years including interest!:

£76.87 (£2,767 in total with interest, covering 9K! worth of repairs (yeah right!!)

 

Also after reading the other stories from people,

i realize the price of this warranty is far too much.

But i was foolish and rushed through the paperwork part, being too eager to get my new motor.

 

If anyone has any advice, it would be greatly appreciated.

 

Thanks

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simply cancel the loan with satans bank

 

 

and write a letter to the APA cancelling it to

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi Dx,

 

Thanks for your reply. That was my initial thought as well.

 

However as the satans loan is in my name, and they have handed the monies over to APA.

 

If i cancel with satans, could APA refuse to refund the monies to satander, effectively leaving me to settle the debt.

 

Or would this be up to Santander to reclaim this themselves through APA.

 

Thanks again

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If no APA exists there's nowt to pay for.

 

Write to both

And copy each others letter to them too

 

You do not want the cover

It is within 14 days

 

You are exercising your legal right to do so

 

Dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi Dx,

 

Thanks again, really appreciate the advice, will do as you said, and update when i receive a reply.

 

 

Just to clarify, what do you mean by "If no APA exists there's nowt to pay for"(sorry im probs being dumb).

 

Also one last thing,

should i contact the dealership i purchased the car from and advise them of these actions,

or should i just say screw them,

 

 

they've done me over selling me this bog roll?

Or or the other hand would this look good in my favour to be transparent with them (even though they weren't with me).

 

 

There's also the issue of him mentioning that having this warranty would reduce my monthly repayments on the car finance.

If i did cancel would i technically need to go in and re-do the paperwork for the car credit agreement

 

Many thanks

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if you cancel the APA - there nowt pay...

 

 

yes tell the dealer that is what is happening .

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks again DX,

 

letter has been posted, via signed for delivery, should arrive there by 1P.M tomorrow,

 

 

have sent copies of letters to each, tried to contact the finance guy at the dealership, but hes not around...:|

 

Will call them tomorrow if i havnt, heard anything further,

i am right in assuming that even if they drag there heels replying to my letter/actioning my request.

 

 

I am still covered under the "cooling off period" as i have responded with sufficient time.

 

 

Is there anything further i should do to cover myself.

 

Many thanks

Mikey B

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yes you are covered.

 

 

nothing more to do now

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi Dx,

 

So have just spoken to the dealership, they have said that i am entitled to pull out of the credit aggreement. BUT! they advised there is no "cooling off" period for the APA warranty, he then advised that i would have to pay the finance company the outstanding balance... some 2.5K and the warranty would be cancelled, but no monies will be retuened. He said that this is not coverd under the "distance selling" and i said i am excersising my legal right to do so and they should refund this in full for me. He advised as i bought it through them this is not the case, i advised he did not make me aware of this. He says it was on the paperwork i signed.

 

Can this be correct, are they able to not issue me a refund. Staring to feel sick to my stomach now, as i said, letters have been sent to both compaines.

 

The phone call ended with him saying he would get someone from aftersales to call me back to discuss.

 

 

edit! he has called back and advised me to email the dealership and they will respond....

 

 

Any advice would be most welcome.

 

Many thanks

Edited by Mikeyb_89
adding info

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Mikey, can you put up the warranty paperwork and if possible the actual terms and conditions of the warranty ie what is and what isn't covered ??

 

Take out any identifying personal information and if you can put them up in .pdf, that would be great.

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Yeah sure i dont have it to hand atm but will put up ASAP, the APA company have recieved my letter, and replied via email;

 

"Thank you for your recent request to cancel policy XXXXXXXX, however we would need this request to come from your selling dealer as this is an obligor product which requires the request to come from the selling dealer.

 

sorry for any inconvenience caused. If you have any questions please do not hestitate to ask me."

 

Im starting to feel rather trapped and worried now. Have emailed the car dealler twice as advised, they have read my messages, but have not recieved a reply.

 

Any further advice you can offer would be most welcome.

 

Thanks.

Mikey B

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tell satans bank what they are saying too

 

 

utter bowlarks.

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Have just spoke to satan..

 

 

They understood my grievance to a point,

but then they advised when the request to cancel is initiated

I will have to re-pay the monies (which have already gone to the dealer or APA) within 30 days.

 

The car dealership have replied advising they are looking into this.

The person in the delearship sounded pretty confident that the warranty co wouldnt refund my monies,

when i said i had 14 days he advised that YES, i could cancel within 14 days.

BUT no refund will be issued by them, as per t&c's.

 

I feel that he has actually miss sold me this,

seem to remember him saying that a number of things were covered,

such as service parts, but reading the T&C's (will post ASAP) it only covers "sudden mechanical failure"

which would indicate otherwise.

 

 

Is there anything i can do to kick them up the a55 to send me my (santanders) money back.

 

Thanks

Mikey B

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goto the FOS its utterly unfair

and IMHO total bowlarks.

 

 

you wish to cancel the warranty

you have done so within 14 days

the seller has said you can do this

but are IMHO splitting straws here.

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Agreed, will do, is there any potential fallback on me for getting the FCO involved at this early stage.

 

Thanks again

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FOS

 

 

none at all it'll cost them about £600 mind:lol::lol::lol:

 

ring them tomorrow

have a quick word

 

then phone whomever is being objective

and tell them they have one last chance to resolve it

simply now on the phone.

or you'll tell the FOS to go ahead and raise an official complaint.

 

they'll be eaten for breakfast.

 

they prob don't even know who the fos are I bet.

 

sorry but you cant be treated like this

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi everyone,

 

 

Just an update I have contacted the APA company who are happy to cancel this seee below;

 

"Good Afternoon

As we are only the administrators, the refund goes directly back to the dealer to resolve. The dealer will need to issue yourself with the appropriate refund

Many thanks

Good afternoon Lauren,

Thank you for your reply. Can you please confirm you will be issuing a refund for this to my account, can you also advise on the timescale of this. Alternativly please feel free to contact me on the number below to discus.

Subject: RE: Cancellation Request for Policy 10884236

Date: Thu, 26 Nov 2015 12:07:30 +0000

Good Afternoon

Thank you for your email, the policy has been cancelled for you as requested. Sorry for any inconvenience caused here.

Many thanks

Good morning,

I have tried to contact yourselves regarding the below, I have been told graham is not available today and to speak with Lauren.

I am emailing you with regards the below mail. I would like to discuss this with someone over the phone, please contact me on the number below."

I have also recieved this from the dealership today in response to my request to them

"Dear Mr Boyle

I have now had the opportunity to investigate your request regarding a refund of the warranty premium.

I requested copies of the paperwork from your vehicle purchase, this documentation enabled me to understand the details of your warranty product. I can see you purchased a 24 month Imperial Customer Protect Gold warranty, with purchase price claim limit. I have attached copies of your paperwork, for your reference. The product you purchased is classed as an obligor warranty, this is not an insured product and hence not covered by FCA regulations. I also examined your Vehicle Handover and Regulatory Requirement form, please find a copy in the documents attached. This document confirms you agreed to purchase the warranty and also that if the product is cancelled then there is no refund due.

To cancel the warranty would not seem beneficial, as there is no refund due. Neither would you be able to claim under the policy if your vehicle develops a fault. I would advise to not cancel the policy, as there is no financial benefit for you in doing so. I would suggest that the warranty will prove advantageous if a fault should occur with your vehicle and if you sell your vehicle then you can transfer the warranty to the new owner.

I appreciate this may not be the response you are looking for, Imperial Car Supermarket does however have a Primary Authority Agreement with Portsmouth City Council Trading Standards Service and they have advised us that any customers who require advice in respect of their consumer rights should be signposted to Citizens Advice Consumer Service on 08454 040506.

In addition, we are also members of the Retail Motor Industry Federation (RMI) who provide an independent arbitration service between members and their customers. If you wish to seek further advice regarding this issue the contact details are below:

(Address ommited)"

To summarise

1) Satan is happy for me to cancel but want their cash within 30 days

2) Warranty has been canceled - they advised the dealer will recieve the monies

3) Dealer has advised i cannot recieve a refund.

 

Can anybody offer some advice on this please, how i can recliam my monies, i feel as though i am at wits end with this now.

Thanks

Mikey B

 

 

 

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Is there anything in writing that says no refund and if so was this brought to your attention at the time ?

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Going through the paperwork, yes it does state this, however this was not brought to my attention at the time, and i did feel under intense presure to purchase this, even though it is not what i wanted in hindsight.

 

Thanks

Mikey B

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Can anyone help out with this one at all.

 

Thanks guys

Mikey B

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Ring the fos


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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