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    • Hi, yes this is the same sort of response I keep getting about this. Yes so it asked for the registration number of the car, and this was inputted correctly. It’s then “found” the brand and type of car “Kia carens 1.6” etc and then came up with the “Recommended” list we then selected the tyres from. I have checked it since we bought them and the same tyre still comes up. In response to the lady above where we “assumed” we did assume the tyres would be correct in the list so didn’t see any need to ring to confirm if you see what I mean. We did try ringing the company but they were unwilling to provide information of supervisor. It seems like the company isn’t going to do anything about this.. 😕
    • They are all actually your interpretations, and nothing more than incorrect assumptions and extreme misrepresentations (at best) of mine (and thats being kind)  
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  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]  
    • Hello   Thank you for your response, I think I have done this right. My responses are in bold    Name of the Claimant ?  Merligen Investments LTD    Date of issue –   12/11/2019        Particulars of Claim     What is the claim for –  1. The defendant owes the claimant £209.79 under the a regulated agreement with Studio Retails T/A Ace dated 16/10/2015 and which was assigned to the claimant on 19/07/2017 (debt)   2. Despite formal demand for payment of the debt the defendant has failed to pay   and the claimant claims £209.79 and further claims interest thereon pursuant to section 69 of the county courtact 1984 Limited to one year to the date hereof at the rate ot 8.00% per annum amounting to £16.78    What is the total value of the claim? £301.57     Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No    Did you inform the claimant of your change of address? no    Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? cat debt    When did you enter into the original agreement before or after April 2007 ? no   Do you recall how you entered into the agreement...On line /In branch/By post ? Online     Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No    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.  Debt purchaser    Were you aware the account had been assigned – did you receive a Notice of Assignment? No not received any correspondence apart from a couple of recent Text messages and in all honesty I thought it was a [problem]    Did you receive a Default Notice from the original creditor? No     Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Nothing     Why did you cease payments?  About 3 years ago     What was the date of your last payment? Can’t remember     Was there a dispute with the original creditor that remains unresolved? No dispute     Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  no          
    • stick to letters.   look in the debt collection section of our library there is a pro rata letter   send that to everyone.   if they don't agree then we'll deal as and when those that do or do not reply. pay what you say when you said it to show good faith. use BACS transfer via online internerweb portal of your bank ...not DD>   dx  
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Hello,

I'm after a bit of advice,

 

I've had my car 2 and a half months and the engine has ceased due to a lack of oil getting into the engine.

 

It has had the engine removed by a BMW specialist and they have diagnosed that the oil pump has gone faulty as there is plenty of oil in the sump tank.

 

I have tried to claim this through warranty as the car requires a new/refurb engine.

 

The warranty company are finding every way under the sun not to pay out.

 

I'm 19 so I don't really know where I stand :???:

 

so some advice would be greatly appreciated.

 

Thanks

Edited by dx100uk
spacing

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Well now you start to understand some of the truth about extended warranties.

 

I'm assuming that this car was bought from a dealer? Please confirm and please tell us which dealer it was.

 

If you look at the Consumer Rights Act you will discover that the responsibility is with the seller and because you have had the car less than six months, there are entitled to attempt one repair and then if the repair fails, you are entitled by law to insist on a refund or replacement – at your option.

 

Who was the dealer?

Have you contacted the dealer about this? And what have they said?

You should start off by getting a written opinion from the BMW specialist and then we will help you with your options.


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The car was bought from a dealer in Bryn, Wigan called Merit Motor Company.

 

I was hoping to get it sorted through warranty but as they are finding every way out of it I am going to ring the garage and explain the situation to them and tell them they have 1 chance of repairing the vehicle.

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I should Hang on a minute if I were you.

 

We have told you what your legal rights are here. I would suggest that you don't get into a conflict-oriented conversation with the garage at the moment. I suggest that you simply present them with the problem and say to them that as the car has only recently been purchased from them, you'd like them to repair it.

 

If they then start to fob you off then come back here and tell us what they said and then we will help you write them an appropriate letter and start to take control.

 

I don't think it's a good idea to start phoning and start blasting on about legal rights before you know that they're not going to be cooperative. You never know they might be excellent dealers.

 

How much did you buy the car for? How old is it? Did you pay extra for the extended warranty? Can you please let us know a bit more about what Centurion's excuses are


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I paid £6795 for the car. It's a 57 plate and I paid £250 for the extra 12 months warranty.

I will present them with the problem and take it from there.

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Should I say to Merit Motor Company that I have spoken to trading standards and I am well in my rights to ask for him to repair the car?

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No. Trading standards amount to nothing. They don't deal with individual complaint such as yours.

 

Don't say anything to them unless you understand what it is you're saying because if you start bluffing you will be called out on it and then you will lose credibility.

 

Simply begin with a nice polite telephone call telling them the problem and asking them for their help. Read our customer services guide first. Implement the advice there.

 

I asked you to let us know why centurion were refusing to help – but you haven't responded. Please answer my questions.


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Sorry, they were refusing to help because they was saying there was no way the problem could of occured so suddenly and that I should of notice that the engine wasn't getting oil to it. They said there should of been some indication such as warning lights but nothing had come up on the dashboard. They also said that I should of heard the engine begin to knock but I heard nothing on the last journey in the car.

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Thank you. Have you been communicating in writing or is this all on the telephone? If it is in writing, please can you post up their letter in PDF format.


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I have been communicating via telephone but I hadn't been recording my calls until now after following your advice.

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So the excuses you have received from centurion are simply verbal.

 

I think you need to get a paper trail going urgently. Write an email to centurion explaining to them exactly what has happened – giving them the detail and also the action that has been taken subsequently i.e., the inspection and the opinion of the vehicle inspector as to what has caused the problem.

Tell centurion that you want to make a claim and that they are free to inspect the vehicle at XXX address where it now is. Asked them if there are any forms which need to be completed and asked them to send them to you immediately.

 

Tell them that you are very disappointed that you have already called them and that their first reaction was to deny any liability under warranty on spurious grounds. Tell them that you are waiting for the claim form by return and that you want the vehicle repaired by them as quickly as possible.

 

It is very important to be able to show that you have called them and what they have said to you. Because you have no recording, you are putting down in the email what their reaction was to you so that it is clear and if later on you have to take some slightly more serious action such as bringing a small claim in the County Court then you will have some evidence.

 

I'm suggesting that you take this action in respect of centurion simply in order to protect you and to give you a second string to your bow. However, the principal responsibility is with the dealer. Telephoned the dealer as I have already suggested and come back here and let us know what has been said. Record the call.

 

Who is it that recommended the centurion extended warranty?


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I have had a look at the centurion warranty.

 

If they stick to their position then I suppose that they are trying to rely on paragraph 15 and also paragraph 27.

 

I see that their paragraph 14 disclaims any reimbursement for repairs if you have not followed the correct claims procedure as detailed in your warranty agreement. This is an unfair contract term and it is unenforceable. Once the insured/assured risk has occurred then failure to carry out some administrative requirement in the contract will not relieve them of their liability.

Warranty Book 2016 F4.pdf


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The warranty company have already been out to inspect the vehicle and it has been 2 weeks since the vehicle has been in the garage. It is upon the inspection that they have said that it's not tallying up and they are in talks with the director to see if they are paying out or not. The garage said about extending the warranty to 12 months for £250.

Edited by samandroid1998

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I have had a look at the centurion warranty.

 

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If they stick to their position then I suppose that they are trying to rely on paragraph 15 and also paragraph 27.

 

I see that their paragraph 14 disclaims any reimbursement for repairs if you have not followed the correct claims procedure as detailed in your warranty agreement. This is an unfair contract term and it is unenforceable. Once the insured/assured risk has occurred then failure to carry out some administrative requirement in the contract will not relieve them of their liability.

 

Sorry I don't understand what you mean by the paragraph 14 section?

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Don't worry. It doesn't apply to you. I'm just making a little criticism of their terms and conditions.

 

You haven't told me who it is recommended centurion?


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I hadn't realised that there had already been inspection. I gathered from you that there had simply been a conversation in which they had rejected your claim.

 

As they have carried out an inspection and the car has been in the garage for two weeks, I think you should send them an email – but not one I suggested earlier – telling them that the matter is now going on rather too long and you need a definitive answer. Tell them that you are very disappointed that their first reaction seems to be that they are disclaiming liability because of what you consider to be spurious grounds.

 

Tell them that you need an answer immediately.

 

At the same time, please start dealing with the garage as I have suggested above. This is extremely important. You need to get an answer from them as well.

 

Once we get the information back from the dealer and from centurion then we can consider the next step to take


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So the people who sold you the car also recommended the warranty. I wonder if they got a commission out of it?

 

I suppose this could be helpful because that would mean that the dealers should realise that if centurion doesn't do the job, then they, the dealers will have to. This might help the dealer to put some pressure on centurion.

 

I hope you understand a bit that extended warranties generally speaking are a waste of money. You're much better relying on your statutory rights which could last you for up to 6 years depending on the problem that develops with the vehicle – or other item.

 

Extended warranties are really a bit of a con trick


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Yes the dealer recommend the warranty and gave it me at trade price.

I only took out the extended warranty as a precaution as I'm only 19 years old and dreaded something like this would happen.

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I have also sent centurion warranty an email requesting the engineers report/s and that I want an immediate decision as soon as possible so I then know what my next step in the process is.

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Okay, have you spoken with the dealers yet?


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Are you referring to the dealer Merit Motor Company or are you referring to the garage which currently has your car?


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