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    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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WGill

A1 Approved Warranty

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Hi guys,

 

I bought a car in May which came with an A1 Approved warranty for 12 months, so well within the period of cover at the time of writing this.

 

I had an issue with the passenger side window at the weekend to which it would no longer operate, fortunately it was stuck closed rather than open. I called A1 Approved to discuss and to learn on how to proceed on this, after explaining the issue I was told to book it in with any VAT qualified garage and to advise the garage to call A1 Approved with a diagnosis and price.

 

The car has been in the garage today, they were really helpful and called A1 Approved to explain the issue which was a broken window regulator but A1 Approved advised this was not covered under the warranty. I was left with no option but to pay for the works.

 

I can't believe that a warranty wouldn't cover such an item and their own website does list window motor as a covered item (can't post the link).

 

Has anyone got any experience with this company or can anyone advise how I can escalate this matter?

 

Thank you.

Edited by WGill

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First of all, it would be helpful if you could space in paragraph your post correctly is to make it easier for those people who are going to help you, to read.

 

In principle, you don't need the warranty anyway. York to read a little bit about extended warranties on this forum.

 

You should be adequately covered by the sale of goods act.

 

Can you tell us a bit more about the car. How old was it? How much did you pay for it?

 

You have had the car for about nine months. Even if it is second-hand it is required to be of satisfactory quality and remain satisfactory quality for a reasonable period of time.

 

What is satisfactory depends on a number of things including the price paid, any claims made about it and the item itself. What is satisfactory depends on what might be the view of a reasonable consumer in similar circumstances.

 

If you paid a couple of hundred pounds for an old banger then 10 months might well be good going as far as the electric windows are concerned. On the other hand if you paid several thousand pounds then I would have thought that the sale of goods act would cover you quite easily.

 

So we need some more details please.

 

Of course in addition to this, it is entirely possible that the insurer simply trying to get out of their commitment. This is often quite normal for insurers.

 

Although you can't post the link, you can actually quote the text from the terms and conditions so why do you do that?


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Apologies - having trouble writing on my desktop, had to insert paragraphs on my phone!

 

The car is an Audi A5 first registered in 2008. I paid £14,000 for this pleasure. There have been no previous claims.

 

There are no T&C's on their website, I simply pulled 'electric window motor' from their list of 'following components are protected against mechanical failure' on their website.

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Thank you.

 

Well it depends on how you want to deal with it. On the basis of what you say you could proceed on the basis of the warranty. Seeing as you paid for it, I think that you should do that anyway.

 

If you are dealing with people on the telephone then I suggest that you read our customer services guide and implement the advice there. Then call the insurer and start finding out why they are denying the loss. It's very important that you get everything recorded. If they don't think that they going to be quoted later on they say all sorts of silly things and implicate themselves.

 

After a couple of phone calls, I would suggest that you write to them and tell them that they are in breach of contract and also they are in breach of ICOBS and that you propose to make a complaint to the financial ombudsman service if they continue to deny the loss.

 

Tell them that as an alternative to the FOS, you may begin a legal action.

 

Who supplied you with the car? Give us the name and a link to their website.

 

Did they sell you the warranty as well?

 

Have a look at the sale of goods act – section 14 which deals with goods having to be of satisfactory quality. At £14,000 I have absolutely no doubt that you are entitled to have the entire thing in good working order for probably at least two or three years – minus wear and tear. Electric windows included.

 

Phone the dealer and start talking to them about it. Course you will be recording the call won't you?

 

They will try to fob you off onto the warranty. It's up to you now to stir it up between the insurer and the dealer. Tell the dealer that you've tried invoking the warranty and the insurer is refusing. Tell the dealer that as the car has been bought from them, you expect them to honour your statutory rights and to repair the window and to do it pretty fast as well.

 

Come back here and let us know what everybody says


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That's great, thanks for your advice. I shall get on with these in the morning.

 

The car was purchased from Optimum Vehicles in Wetherby. The warranty came with the purchase of the car, the dealer didn't sell this to me as an add on. I guess this is something that they pay for from their contribution.

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The cover on the various components depend on the level of warranty the OP has. The different levels are listed here :-

 

http://www.a1approved.co.uk/component_covers.php

 

However, a faulty window regulator is different from a faulty window regulator motor, the motor drives the regulator up and down and is usually a distinctly separate part. Depending on the cover provided, the motor would be covered, the regulator, not.

 

Forgive me for not taking part in the inevitable debate as to whether these 'warranties' are a good buy or not.

 

H


40 years at the pointy end of the motor trade. :eek:

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knowing these cars well can I suggest it wasn't your window motor that has failed, it was more than likely to be the window mech that failed which is operated by cables (it kind of looks like a bow and arrow)

 

A design fault in my opinion allows water inside the door and rust's the cable

 

I know these can be expensive £500+ for a new mech, I have used a rebuild service in the past for these (under £100)

 

warranty's genrelly are not worth the paper they are written on

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Reclaim the utterly useless ext warranty

 

Haha we ripped you

 

The bit of your car that failed is down to wear n tear..tough luck .. We fleeced you

 

DX


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

 

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As Hammy says, we need to know what level of cover you have ??

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knowing these cars well can I suggest it wasn't your window motor that has failed, it was more than likely to be the window mech that failed which is operated by cables (it kind of looks like a bow and arrow)

 

A design fault in my opinion allows water inside the door and rust's the cable

 

I know these can be expensive £500+ for a new mech, I have used a rebuild service in the past for these (under £100)

 

warranty's genrelly are not worth the paper they are written on

 

The total cost of the repair was roughly £200 so I'm not sure if it would be that part, it's on the invoice as window regulator.

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Can you say which cover you have please ??

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As Hammy says, we need to know what level of cover you have ??

 

I have just called them and I have the top level (gold) cover but they said flat out that this does not cover the regulator. Do I have anywhere to go from here?

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I don't see a gold cover only the following:

 

A1 Executive Cover

A1 Cover

A2 Cover

A3 Cover

A4 Cover

A5 Cover

 

If gold equates to the A1 Executive, then you are covered. You need to look at your documents or ask them again and get it in writing.

Edited by Conniff

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A very quick, unscientific and possibly not even true, Google and ebay.co.uk search brings up this :-

 

http://www.ebay.co.uk/itm/AUDI-A5-ELECTRIC-Window-Regulator-NEW-O-S-DRIVERS-SIDE-FRONT-WITH-OUT-MOTOR-/321991858522?fits=Car+Make%3AAudi%7CModel%3AA5&hash=item4af835d95a:g:eysAAOSwqrtWmnGS

 

£100, about right.

 

Can't get a genuine price as i work for the wrong brand!

 

Interestingly, the website I found a was a guess as they are based in Leeds, near Wetherby. What is the warranty company's address in your book as the website mentioned above doesn't mention 'Gold' cover

 

H


40 years at the pointy end of the motor trade. :eek:

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I don't see a gold cover only the following:

 

A1 Executive Cover

A1 Cover

A2 Cover

A3 Cover

A4 Cover

A5 Cover

 

If gold equates to the A1, then you are covered. You need to look at your documents or ask them again and get it in writing.

 

Yes, the documents don't match what their website says. The warranty booklet I have only refers to gold and silver cover. I would assume A1 equates to gold though as they said it was the top level of cover.

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You will have to contact them, assumptions are no good, you need to know exactly what level of cover you have.

 

Have another look at the documents and see if we are talking the same A1 Warranties company ?

If there is a company number on the docs all the better.

Edited by Conniff

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A very quick, unscientific and possibly not even true, Google and ebay search brings up this :-

 

 

£100, about right.

 

Can't get a genuine price as i work for the wrong brand!

 

Interestingly, the website I found a was a guess as they are based in Leeds, near Wetherby. What is the warranty company's address in your book as the website mentioned above doesn't mention 'Gold' cover

 

H

 

The addres is:

 

A1 Approved Limited

Office 53, Sugar Mill

Oakhurst Road

Leeds

LS11 7HL

 

Tel: 0800 9706860

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Yep, that is the same company so 'gold' doesn't come into it, you will have one of the policies listed above.

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So, its the correct company, not bad for a guess.

 

H


40 years at the pointy end of the motor trade. :eek:

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Whilst I disagree with the sentiment and abuse in some of the posts, this :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?268763-A1-Approved-Warranty-Problem

 

might help.

 

H

 

That link, post #13, also says they have a Gold policy, something not quite right how it is being described differently to how the company describes it.

 

I also notice the claims manager responded personally. I wonder if he will be interested in this thread. If so, he will have to contact the site administration to get corporate permission.

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Yep, that is the same company so 'gold' doesn't come into it, you will have one of the policies listed above.

 

I have just spoke to William at A1 Approved and he assures me A1 equates to gold and vice versa.

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I have just spoke to William at A1 Approved and he assures me A1 equates to gold and vice versa.

 

In that case it is not covered by the warranty:

 

The following components are protected against mechanical failure (as defined elsewhere in this document). Please note that if a part is not specifically listed it is therefore not covered.

 

Engine

Rocker assembly, inlet and exhaust valves, valve guides and springs (excluding burnt valves and decokes), cylinder head (excluding cracks and

overheating damage), head gasket, push rods, camshaft and cam followers, timing gears, chains and tensioner, oil pump, pistons and rings, cylinder

bores, gudgeon pins, con rods and bearings, crank shaft and bearings, oil seals and bushes, inlet and exhaust manifolds, fly wheel and ring gear,

distributor drive, oil cooler.

 

Gearbox

Manual

All internal failures of gears, shafts, synchromesh hubs, selectors, seals and bushes, bearings, speedometer drive, overdrive units (when fitted),

solenoid, transfer box.

Automatics

All internal failures of gears, oil pump, seals, shafts, bushes, clutches, brake bands, bearings, governors, servos, torque convertor, drive plate, valve

block, computer governor, modulator valve, speedometer drive.

 

Continuous Variable Transmissions

CTX/CVT

All internal failures of clutches, planetary gears, reductions gears, shafts, variable pulleys, thrust link drives, internal seals, bushes and bearings.

 

Drive System (front/rear)

Crown wheel and pinion, half shafts, half shaft oil seals, bearings, planet gears, bevel gears, rear external drive shafts, constant velocity joints, 4-wheel

drive units.

Excluding: Beam axle and bearings, radius arm and bearings, rubber gaiters, drive flange, together with all other parts not listed.

 

Brakes

Master cylinder, wheel cylinders, brake callipers, servo, brake pumps, brake limiter valve, ABS computer/sensors/pumps.

 

Steering

Rack and pinion, steering box, idler box, power steering rack/ram and pump, pressure pipes, reservoir, steering column.

 

Cooling System

Water pump, thermostat, heater matrix, electric fan motor/sensor, viscous fan coupling, radiator, air conditioning pump, condenser, evaporator,

magnetic clutch and valves (when fitted as standard).

 

Propshaft

Propshaft, universal joints and bearings.

 

Fuel System

Mechanical/electrical fuel pump, carburettor, electronic carburettor sensors and stepper motor, choke assembly, injection pump.

 

Front/Rear Suspension

Shock absorbers, coil springs, upper and lower wishbones, ball joints, swivel joints, McPherson struts, suspension arms, anti-roll bar, self-levelling units and reservoir, pump and regulator valves, seals, displacer, hydro-pneumatic system.

 

Wheel Bearings

Front and rear wheel bearings.

 

Clutch

Centre plate, pressure plate, thrust bearing, clutch fork, cable, master cylinder, slave cylinder.

 

Electrics

Starter/solenoid, alternator, regulator, coil, distributor, electronic ignition module, front and rear window/headlamp wiper motors, heater fan motor,

indicator interrupter unit, electric window motor, sun roof motor, instrumentation gauges where purchased separately, centralised locking solenoids/

pumps, switches, relays, sensors, electric aerial motor, horn, cruise control system. (Front and Rear heated screens and elements are excluded from cover).

 

Casings

Cylinder block, gearbox, and axle if they have been damaged by a mechanical breakdown of one of the above parts

 

There would appear to be nothing of the bodywork covered.

Edited by Conniff

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And that's not unusual. Some of these products are called MBI's. Mechanical Breakdown Insurance. Most do not cover Bodywork, Body related or trim.

 

Please don't let us get into a massive discussion about what is trim........ or not.

 

H


40 years at the pointy end of the motor trade. :eek:

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The executive would cover it, it say 'All mechanical' and the window winder whether manual or motor driven is mechanical.

 

They will probably read this and change the terms to not include it now.

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 1487 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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