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    • they cant just change their mind as to what condition was breached, it has to be given on the screen ticket ad the NTK and match one of the conditions on the signage at the time.   If I employed you to cut my grass and you did a rubbish job of that and I decided to sue you for not watering the flowers I cant suddenly change my mind when I realise that is a loser and say that you didnt cut it in a nice stripy pattern when there was no such mention of that condition in the agreement.   GOGW is admissible to show that thier client doesnt really have a contractual claim for the sum at all. they will say they are being generous but the truth is they are abusing the courts to try and coerce you into paying money that isnt actually owed and they know it. half of what they ask for is unlawful under the terms of the POFA but they do like to try it on as it mitigates their costs of the actions they lose
    • so just follow the advice given in the other threads and if they are stupid enough to threaten court action you respond to that but nothing before that.   The barriers might have been removed due to a loack of planning permission so chack with the council. If they know nothing about any of it then enquiries to the land agnets/management co would be in order.
    • "Dear Simple simon" as Simon Renshaw Smith owns the company   drop the reference to your lawyer. if you had one he would be writing this letter dont ask for an explanation,  it only repeats what you say 2 lines later anyway
    • you ignore this begging letter. Also yu check with the council about planning permission, if you cnat find it on the planning portal you ask the council planning dept about any applicatiosn for that address. You cnat assume things but you can state that you do not belive they have the necessary contracts/permissions/consents because they have failed to provide them when requested under CPR 31.14 now there is a thing called Standard Disclosure for all civil proceedings (CPR 31.6) so they cant wriggle out of it so easily as that includes anything that adversely affects their case so if they wont produce their contract with the LL then you can say that you believe they have failed to do so because it aversely affects their case. they are then caught by the "when did you stop beating your wife" impossibility.   make sure that you have all documents you need to avoid them throwing it back at you but generally there wont be an equivalent if you arent the driver!  
    • Here is the section which applies. Internal VAT Guidance. https://www.gov.uk/hmrc-internal-manuals/vat-business-non-business/vbnb41720 The Sheriff’s Officer organises the activities of the bailiffs and, where necessary, the sale of the debtor’s goods. In some areas, they are a salaried employee of the Under-Sheriff. In others they are a self-employed sole proprietor or partner working either full- time as a Sheriff’s Officer or part-time as a Sheriff’s Officer with other business activities such as an auctioneer. If they are not an employee their services are taxable. The position of bailiffs is similar to this. The other people involved in High Court debt recovery work, for example locksmiths, auctioneers or removal men are also regarded as making taxable supplies in the course of their businesses. (b) Nature and value of supply The total fees and allowable expenses payable in respect of services provided by the different people involved are set out in the relevant Sheriff’s Fees Order. The value for VAT purposes is the amount each person gets as their share of the statutory fee and any expenses charged. The full amount charged, including tax, is recoverable from the debtor.
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TEanciousP

WMS Warranty ended in court. We won. Finally

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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? http://www.wmsgroup.co.uk/motor-trade-warranties/car-warranty/

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.

 

 

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, John Collingswood.

 

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, Mr. Collingwood 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.



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 (Stephen Rimmer) 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 Mr. Collingwood

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.

 

 



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.

And lied.

 

 

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.

 

We are free of WMS now and their tactics after near two years hard work.

Please don't put yourself in this position.

 

(NB: WMS appealed this judgement.

Today we went to court and the judge threw out the appeal.

We have finally won this case after 893 days from the original issue occurring.

We won.

WMS have spent over £35k fighting this claim in court. )

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Hi and welcome to CAG.

 

Well done on the win.

I have to ask though, why was this NOT an FCA covered agreement?


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Well done. What was the value of the claim?

 

Have you thought now about seeking compensation from WMS Warranty http://www.wmsgroup.co.uk/motor-trade-warranties/car-warranty/ for their unfair treatment of you?

 

If you have a judgement in your pocket and they have also failed on appeal, then I think that you have an extremely good chance and a fairly easy ride courts getting an additional sum in compensation from them under ICOBS.

 

We would be very pleased to help you


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The agreement was not FAC regulated as not all warranty products are. To be honest I'm sure my father in law would happily talk to any no win no fee on compensation! Message me up for intro

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Whoops, my bad.

 

I don't know why but I thought it was an insurance policy.


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well I wouldn't mess about now

 

 

go straight to the high court and get HCEO bailiffs involved

and enforce it by them.

only cost £60 I think

 

 

that way they'll have bailiffs at their door and have even more money added on top for the HCEO fess..hint hint...

 

 

dx


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Whoops, my bad.

 

I don't know why but I thought it was an insurance policy.

 

If you buy a warranty isn't that a form of insurance?

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In law, yes but as this company doesnt belong to any organisation (insurance ombudsman etc) that covers such things it makes me wonder why they havent been wound up as a company for offering insurance services without the necessary consents. I suppose that they do it in the same way as many unlcenced pawnbrokers run, they say it is somehting else.

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they will go bust soon if people keep sueing them

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