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    • Thanks for that, Bazza. It sheds some more light on things but I’m still by no means sure of the OP’s father’s likelihood of successfully defending the charge. This in particular from the guidance stands out me: He does not meet all the s88 criteria. S88 is clear and unambiguous: It makes no provision for either the driver or a medical professional to make a judgement on his fitness to drive under s88. S92(4) and the June 2013 guidance you mention defines in what circumstances the SoS must issue a licence. It does no modify s88 in any way. However, delving further I have noticed that the DVLA provides a service where the driver can enter a relevant medical condition to obtain the correct documentation to apply for a licence: https://www.gov.uk/health-conditions-and-driving/find-condition-online I haven’t followed this through because I don’ have the answers that the OP’s father would give to the questions they will ask and in any case it requires the input of personal information and I don’t want to cause complications with my driving licence. It is possible, however, that the end result (apart from providing the necessary forms) is a “Yes/No” answer to whether the driver can continue to drive (courtesy of s88). With that in mind, I should think at  the very least the OP’s father should have completed that process but there is no mention that he has. The Sleep Apnoea Trust gives some useful guidance on driving and SA: https://sleep-apnoea-trust.org/driving-and-sleep-apnoea/detailed-guidance-to-uk-drivers-with-sleep-apnoea/ I know nothing about SA at all and found It interesting to learn that there are various “grades” of the condition. But the significant thing which struck me is that it is only the least trivial version that does not require a driver to report his condition to the DVLA. But more significant than that is that the SA Trust makes no mention of continuing to drive once the condition has been reported. The danger here is that the court will simply deconstruct s88 and reach the same conclusion that I have. I accept, having looked at the DVLA guidance, that there may be (as far as they are concerned) scope for s88 to apply contrary to the conditions stated in the legislation. Firstly, we don’ know whether there is and secondly we don’t know whether the OP’s father would qualify to take advantage of it. Of course he could argue that he need no have reported his condition. The SA trust certainly emphasises that the condition should not be reported until a formal detailed diagnosis is obtained. But the fact is he did report it. As soon as he does that, as far as I can see,  s88 is no longer available to him. Certainly as it stands I maintain my opinion that he was not allowed to continue driving under s88. The only way I would change this is to see the end result of the DVLA exercise I mentioned above. If that said he could continue driving he would have a defence to the charge. Without it I am not confident.  
    • Right, my friend has just called me. He has indeed had to cancel bookings in the past from his end. There is a specific number for Booking.com that he calls.   After that Booking.com jump into action and contact you re refund and/or alternative accommodation. I suppose it's all logical - the party cancelling the booking has to inform Booking.com. So the gite owner needs to contact Booking.com on the cancellation number.
    • they are not FINES. you totally ignore all the silly fake civil restorative letters. they are totally powerless just the same as any DCA on any old debt. might be an idea to go have a chat with your GP in confidence as you recognise whats going on. dx  
    • pinging @Man in the middle looks to me you are on the correct track, you shouldn't need a sols. Programmable Search Engine (google.com) clickme^^ thread title updated dx  
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WMS Warranty Rip Off & Court Action


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Firstly, EVERY point in this review and statement here is backed up with copies of emails, court filings and recordings. So whatever WMS say in response it is true and court records reflect that.

 

What to say about WMS? Sit back because this is a hell of a story. Well my father in law purchased a 5 star policy from them to cover his Range Rover Sport. He paid extra to have main dealer work undertaken should anything go wrong.

 

2 years into the agreement the engine was destroyed by an incident where was breached after an internal failure. Pretty much fatal. He tried to make a claim against this warranty. This is where our near two year battle started to get a payout on this warranty.

 

At first it was declined because he didn’t use a Vat registered garage even though this wasn’t a requirement of the policy he took out.

 

he was told he HAD to take it out of a main Caffyns dealer as they would not pay dealer pricing even though he paid for the 5 star warranty which included this.

 

After 3 months we finally got them to agree to get an engineer to inspect the vehicle. They used ACE, a company they have used on numerous occasions and who does work under contract for WMS. Not surprisingly they decline the claim. Firstly they claimed low oil. Then aerated oil. Because it was oil related they said they would not pay out. At this point we were dealing with the MD directly.

 

Worth noting the mechanic found 4 litres of oil in a 5 litre sump AFTER the engine failed. He also found ZERO warning lights and zero fault codes meaning there could have been ZERO notice. The failure happened at 70 MPH on a dual carriageway.

 

Obviously unhappy We asked to appeal. At first WMS did not have a clue what they are doing. In fact pretty much throughout despite numerous requests they never once supplied me with a formal complaints for appeal process.

 

Eventually they agreed we could get another engineer to comment. We did and they found that this was not oil related. We submitted the report to WMS who then asked a senior engineer at ACE to reply (he had and has never seen the car). He stood by ACE findings even though the report from DEKRA picked apart the claims. Claim was declined again. During this time we were accused of riving the car to destruction, low oil and not servicing the vehicle correctly by Mr. Collingswood who always had a reason to not want to pay out.

 

We instructed a further engineer MET who also found that this was not oil related and not wear and tear. Report submitted to WMS and again ACE response via an engineer who had never seen the vehicle.

 

The claim rejection was upheld. Again we asked to appeal. Again WMS had no idea of what their own policy or procedure for this was which was even more worrying as we were dealing directly with the company MD.

 

Also over this time as I was helping my father in law, the MD called my employer and the police on me (I was sending him regular emails which in his eyes was harassment). My employer wasn’t bothered and the police said it was a civil matter. These bullying tactics were prevalent throughout – blocking email accounts so we couldn’t contact then, legal threats, insults (he accused me of having “special needs” in one email)

 

We were eventually told a joint report would need to be undertaken as the final part of the appeal but this never took place as ACE and WMS kept moving the goal posts. Eventually WMS tried to charge us £1500 for this report to take place. Which obviously we refused. Not one cost had been refunded or met. They refused to issue a formal decline letter or settle on an actual reason for decline. They blocked further email accounts so we could not speak to them and would not take our calls.

 

As this was not a FCA agreement we could not go to the Ombudsman and had zero come back.

 

Over the course of this period we exchanged hundreds of emails and calls with WMS, put forward evidence and tried to reach solution until they cut off all ties with us. The MD, Claims Manager and everyone else had ZERO interest in paying out our helping us.

 

Most people would have walked away. We took the case to the small claims court. It took over a year. 3 appearances in a court room. And literally thousands of pages of emails, notes and work.

 

WMS hired a firm of local solicitors at great cost (the solicitor costs would have been at least 3 times what the final settlement and claim was if not more). They even hired a barrister to represent them in court (at probably several £100 an hour). At every turn they tried to out spend, out muscle and threaten and scare us off. They failed. After MUCH work and a whole day in court, a year later we won a judgment and pay out.

 

WMS lost. And decisively at that. The judge ruled that this was NOT lack of oil, was NOT caused by not maintaining the vehicle, was NOT due to the vehicle being driven to destruction and was NOT caused by anything we could have foreseen. It was a mechanical failure and therefore the policy should have paid out. The judge dismissed the ACE engineer and his report, the opinions of the MD and awarded my father in law a settlement of just under the small claims limit. In short we won, we beat WMS and they had to pay out because they declined a claim for no just or reasonable reason.

 

Again WMS Lost in court. The judge found that the excuses of low oil, wear and tear, oil related failure were all rubbish. It was a mechanical failure pure and simple.

 

My father in-law still lost money – hire car charges not covered, loss of wages etc. (not to mention the cost of the worthless warranty) - but the money paid for the engineers, experts and the replacement of the engine which he funded himself out of his own money.

 

WMS tried to bully us. Scare us. Threaten us. All so they didn’t have to pay out on what was a valid claim. If we lost we would have been liable for several thousand pounds in costs, court fees and expert fees. It was a risk but we were in the right and knew it form the off. They tried to spend more, use their solicitors to try to scare us off. Didn't work.

 

The message here is simple: DO NOT USE WMS. Don't even think about it. Move on. Read forums and other review sites other than Reevoo (see below) They are a terrible company who use under handed tactics and bullying to avoid paying out. There MD is not above using underhanded tactics to scare you off – from calling employers, to the police and lying to both. If you do not have a FAC regulated agreement you have NO legal come back unless you are willing to go to court and risk losing.

 

Again AVOID WMS like the plague. There warranty is not worth the paper its printed on. Checked out the Revoo score on their website ? 96% This is ONLY from people they have paid out to (read the small print) and does not reflect the real feedback that is all over the net. WMS do NOT payout. The warranty is worthless. More over the company are morally dubious in their tactics and way they treat customers.

 

There is no external or formal appeal and if the MD doesn't like you he will try to ruin your life as well as take money from you. The company are a shambles. They have no idea of their own process.

 

We are free of WMS now and their tactics after near two years hard work. Please don't put yourself in this position.

 

AVOID WMS AT ALL COSTS.

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You could now consider claiming from them further some measure of compensation for your losses caused by their unfair treatment of you in breach of ICOBS.

 

If you have a judgement which is very clearly against them and the way they behaved, then it seems to me that if you claimed a modest amount, that they might feel inclined to pay you rather than face another court action. You have proved to them that you are prepared to go the distance. They may feel that they don't want to test you again.

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I've linked this post to their Youtube video with wonderful claims of how great they are - I bet it gets deleted.

 

Where's the bit about not paying out out on warranties, where's the part about taking money and then saying 'sorry, wear and tear'.

 

Where is your report on the court case you lost http://www.consumeractiongroup.co.uk/forum/showthread.php?464699-WMS-Warranty-Rip-Off-amp-Court-Action(2-Viewing)-nbsp&p=4902215#post4902215

 

I see you have disabled responses to your warranty upload - you would only do this if you had something to hide.

 

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  • 1 month later...

I have a WMS warranty that came with the car i bought recently and am now making a claim for the timing chain on my BMW.

 

They have rejected this claim as the engineers report states "wear and tear".

 

It would be good to know what evidence you used against them.

 

Thanks

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