Big Motoring World Peterborough - Will not repair my car

[Wilbury]

I purchased a VW Tiguan from Big Motoring World Peterborough in the 14/10/23.

Within days I had the Engine management light come on.

i reported via the Big Assist App and was told to take to Halfords for Diagnostics and could not book in for 2x weeks.

the EML was coming on & off and then the engine started to run very hot sometimes.

I reported again and was told to take to a local garage for diagnostics and repair but not to use a main dealer.

i managed to get booked in for the 23/12/23 and car was there over Xmas.

 

on the 4/1/24 the garage informed me of the faults with the car and Big Assist had been informed and the garage was waiting for authority to repair a faulty Lamba sensor and a faulty electronic thermostat.

on the 5/1/24 I received the Email below 

Quote

 

“Good afternoon,

Thank you for your recent contact regarding your claim. 

Please be advised that Big Motoring World have now requested that all customers log claims with them directly. Therefore, please can you contact Big Motoring World directly to discuss your claim. Their contact number is 01634 540960 and their email address is [email protected].

Kind Regards,

Warranties Assistance Division

0113 322 5280

 

when I can contacted them they informed me that there warranty policy had changed and all vehicles must go to their service centres.

i informed them the vehicle could not be driven so I had to arrange transport to Big Assist at Leeds using there transport.

whilst at Leeds being repaired they informed me on the 11/1/24 that the delay was down to waiting for parts.

 On the 17/1/24 I received this email 

Quote

 

Good Morning Mr .....

Good news your vehicle is ready for us, the bad news is whilst parking your vehicle a warning light came on for your handbrake, we pulled the vehicle back in, the tech pulled the Dash away, the person who fitted your Dashcams did a really poor job, we can explain this when you get here.

Your biggest problem is you have mice, they have chewed through your wires, please see attached pictures.

You are going to need to get your vehicle booked in somewhere that can assess the damage and repair it for you, this is not something we can do.

Our opening times for collection are Monday to Friday 08:00 to 17:00

Kind Regards

Nat Franklin

Customer Support Manager Leeds

 

i contacted Big Assist and they refuse to repair the vehicle due to blaming the damage on mice or deliver it back to me.

I informed them that I wanted to reject the vehicle under the consumer rights act and they refused.

I then received this email on the 18/1/24

Quote

 

Good Afternoon Mr Betts,

Apologies I missed you, I have been in a meeting.

Please collect your vehicle today or Friday or before 17:00 on Monday, we're closed over the weekend.

Failure to collect will result in you being charged a daily storage fee of £35 +VAT

Kind Regards

Nat Franklin

Customer Support Manager Leeds

 

 

i had to have time off work to collect the car on the Friday.

Since then I have been emailing and telephone conversations trying to either get them to repair my car or refund me.

i did try and book in again but was rejected, rejection email was

Quote

 

Good afternoon, 

I hope this email finds you well.

After reviewing your booking information and concerns I can only apologise however we would not look to go ahead with booking the vehicle into our service centre.

After reviewing your booking information and concerns I can only apologise however we would not look to go ahead with booking the vehicle into our service centre. 

The technicians have advised previously you have a mice infestation and they have chewed through the wiring. As a result of this, extensive and consequential damage has occurred.

The warranty terms and conditions state under exclusions; 

'Any damage occurred in whole or in part due to any type of accident which is wilful, unlawful or negligent.'

You are going to need to get your vehicle booked in somewhere that can assess the damage and repair it for you, this is not something we can do.

Once again I apologise for any frustration caused

Kindest regards,

Hannah Luderman

Senior Customer Support Advisor

 

      I did put another letter of complaint and vehicle rejection and the reply was 

 

Quote

 

Thank you for your email dated 2/2/24 and for your patience while we’ve been investigating your complaint.

I am writing to let you know that we’ve completed our review of your recent complaint and this email is our response in relation to your complaint.

Your complaint

My understanding of your complaint is below:

• You are unsatisfied we are not facilitating a booking for your vehicle 
• You wish to reject the vehicle 

My findings

I can only apologise for any frustration caused in response to my recent email.

As previously advised, we would not look to get you booked into our service centre until the damage to your vehicle has been addressed as this has caused the majority of the issues.

The technician has confirmed the mice chewing the wires has caused further damage/faults to your vehicle, more extensive than the concerns you first reported.

We would not look to accept rejection of the vehicle as the rodent concern has caused extensive and consequential damage, the request has also come outside of the first 30 days. 

When referencing the consumer rights act 2015 you have a 30 day short term right to reject, we have 6 months to repair the vehicle which we cannot do until the extensive damage caused by the mice infestation has been rectified. 

Please advise if any further assistance is required relating to our recent correspondence. 

If you remain dissatisfied please let us know and we will see how we can assist you further.

Kindest Regards,

Hannah Luderman

Join us here: Facebook | Twitter

www.bigmotoringworld.co.uk

Big Motoring World

Telephone: 01634 248648

 

 

to date I have had nothing but emails refusing to repair or refund and I have informed them that I will be taking legal action 

I also argued about changing the warrant conditions without informing customers.

thus is the email I received regarding that matter -

 

Quote

 

On 7 Feb 2024, at 11:51, Harry | Big Motoring World <[email protected]> wrote:

Good Morning Mr ...

Thank you very much for your email.

In response to your email, I can advise the following:

• The 24/7 time which is stated online and on our leaflets is in relation to the Call Assist Breakdown and Recovery Assistance that is offered for the first year of your extended policy. Their lines are open 24/7.
• The warranty claims guidelines have changed on 18/12/23 where Big Motoring World no longer authorise claims from third party repair agents. This is a change that has been made to the entire structure of the policy and is something that should be adhered to, by all customers.
• The labour rate was something that was covered under the previous guidelines, however as you have stated, now means that the labour is covered, when using a Big Motoring World Service Centre.
• We have service centre's up and down the country, providing motoring assistance to Big Motoring World customers.
• With regards to your vehicle's repairs, I can see that you have had appointments at our Leeds Service Centre, where repairs have been carried out to your vehicle.
• We have an unlimited amount of claims, as long as the concern is covered under the provisions of the warranty.

 

I hope that has addressed your concerns that you put forward to our Customer Care team and if you need any further assistance, please don't hesitate to contact us.

 

Kindest Regards

[[bigemail:178820]]

Harry Trice

 

 

Now I am having to try legal but not sure where to go 

[BankFodder]

Please standby for a reply tomorrow.

Have you had an independent inspection and particularly have you had an inspection of the apparent damage caused by mice?

What do you have to say about their claims that there has been an infestation of mice?

[dx100uk]

is the car on finance and not yours?

whats your view upon this supposed mice infestation.

you've had the car since oct 23.

how long out of that time, bearing in mind its been away a few times , has it actually been at you home and where do you store it?

it would be unlikely the engine sensor faults are eaten wires as the 1st report would have noticed this, but the other faults are as a result if the mice and inside the car.

dx 

[Wilbury]

I am going to book car in for an independent inspection at VW dealer next week.

I have no mice infestation or had any problems with my cars outside my house before ( I have 3x cars in the family ).

My concern is that the faults started to develop with days of having the car.

My biggest concern is that the Parking brake fault did not develop until it had been to BMW Leeds repair centre.

i did ask for more photographic evidence regarding the mouse nest that they found as they showed a photographs of some rubbish on the floor of the repair bay. Some of it was Dog waste bags which we had never used ? They did not send me any more proof. I am sure the damage was done before I took ownership of the vehicle . 

I paid cash for the vehicle with no trade in.

i have had the car since 14 October 2023 and since that time the faults started to occur from 16th October 2023.

I have had wasted time trying to take the car into Halfords then as instructed to a local garage only to be told after car had been in garage over Xmas that the warranty policy had changed and the car had to go to one of BMW repair centres.

The car has been parked on my driveway along with other cars and I have never had a nice infestation problem before.

i have had mouse traps in the cars and caught nothing.

The only evidence is what they photographed at Leeds and some of the alleged mouse nest they photographed on the garage floor shown some dog waste bags which we have never used.

the Handbrake fault did not develop until the car was at Leeds repair centre ?

[dx100uk]

opps did pay by bank transfer did you?

i agree with the so called mouse issue too. i bet this was all done prior to your ownership.

dx

 

[BankFodder]

I hope you have a look around this site enough now to understand that when you pay by cash or you pay by bank transfer – you abandon all the statutory rights which you could enjoy under the consumer rights act.
A bit late for you now – but even if you have the money, you should purchase on credit using a credit card or a finance agreement. You can noise pay off immediately but at least you then get section 75 Consumer Credit Act protection. This doesn't mean everything is going to be straightforward. You will find that finance companies are unhelpful and tend to stick up for the dealer rather than you – but they are basically self-serving and dishonest as well.

You have told us something about the car. Please tell us more – make, model, mileage, and also told us about how much you paid.

I think that we will have to divide this into two parts – the repairs which are needed to your vehicle and secondly the business of the warranty which I think that we should take steps to help you cancel without any further delay. The warranty is rubbish and they have apparently been changing the terms for a long time. They are still selling warranties on the basis of national support and then they tell people that they have changed their terms.

It is all over the Facebook complaints page and I'm sure you have seen it because I know that you have come over from Facebook.

Tell us about the car.

Also, please read the same time linking below. Its contents are extremely germane to your case and you should follow some of the instructions there in particular asserting a right to rejection in writing. You should do this immediately.

 

 

[Wilbury]

Hi

the Vehicle I purchased from BMW Peterborough was a VW Tiguan TSI 2017 with 61500 registered miles for £17300 and an extra £1161 for the extra 12 month warranty.

[BankFodder]

Thank you.

You say that it was an extra 12 month warranty. Does this mean that it covered you for a second year or was it an extra warranty for the first 12 months of ownership?

I've already pointed out what you give up when you pay by cash. Please follow the link to extended warranties.
You are adequately protected by your statutory rights and to pay for a warranty on top of that is effectively paying them to carry out the repairs for which you have already paid as part of the contract price and for which they have a statutory responsibility anyway.

In effect they have managed to sell you duplicate rights. I know you are a member of the Facebook group – and I suggest that you start relaying some of this information over to them. Of course all the people on Facebook have already become victims that they may be the occasional person who is sufficiently prudent to have made advance enquiries rather than simply fall for the advertising and the big national name.

Please draft your letter of rejection. Even if you don't want to reject the vehicle, assert your rights because at least then your position is preserved. We will go from there.

I think we will move rapidly on the warranty to cancel it and get your refund. The fact that they have unilaterally change their terms makes your job a lot easier. I'm assuming that this is the way you want to go.
Please confirm?

Please realise that this is not Facebook. We aren't mucking around here and we will move very quickly. It will need you to engage rapidly with this thread.
You will be taking fairly aggressive action. Please let us know if this is not to your taste

 

Also, here's a follow-up question:
how far away from you is the dealer in Peterborough?

[Wilbury]

Hi ,

I purchased a 12 month warranty to cover the car for the first year of ownership.

The managed to convince me to purchase saying everything was covered and I could get repaired at a local garage.

i am 70 miles from BMW Peterborough where I purchased the vehicle.

 

[BankFodder]

Do you now have in writing that they have changed the terms of the warranty?

 

[Wilbury]

I have already sent a letter of rejection to the head office and also by email and I had a reply by email rejecting my claim.

this was their answer 

Thank you for your letter dated 18/01/2024 and for your patience while we’ve been investigating your complaint.

I am writing to let you know that we’ve completed our review of your recent complaint and this email is our response in relation to your complaint.

Your complaint

My understanding of your complaint is below:

• The customer purchased the vehicle on the 14/10/2023 and on the same day they had reported a fault of water leaking from the sunroof switchers which was causing the vehicle to smell of damp.
• An inspection had found that the sunroof drain holes were blocked with mildew.
• on the 15/10/2023 an engine management light had appeared on the dashboard. The customer had reported this through Warranties2000 and was advised to go to their local Halfords. 
• The customer was not able to get into Halfords until November. Within this time the warning light was intermittently going on and off.
• On the 15/12/2023 the engine management light re-appeared on the vehicles dashboard and the engine had started to overheat. They had reported this through the warranty again and was advised to go to a local specialist garage.
• They had then been informed by Warranties2000 that all concerns with cusotmers vehicles are going through house.
• In relation to their current concern, it had been advised that it is associated with the wiring being damaged with also a hand brake fault which has been caused by a mice infestation.
• The customer is now requesting to reject the vehicle.

My findings

Thank you for your letter and I apologise for the delay in response.

I'm sorry to learn of the concern you're experiencing.

In regards to your sunroof leakage concern, I apologise that this appeared on the same day of purchase. Are you able to confirm if this has been rectified for yourself please?

With the terms and conditions of the warranty company, we follow these as it states that we have the right to inspect the vehicle which is why it is coming through house. All the documents in relation to the warranty remains the same it is just the guidelines meaning that we are not assisting with local garages or any remaining third parties. 

If customers have a concern with their vehicle under the warranty, we would like to provide as much assistance as possible which is why we require the vehicles to come back to one of our Service Centres. 

In the warranty terms and conditions it states that mechanical or electrical sudden failures are covered through the warranty and anything that is not categorised under this is not. Please see the attachment which displays the terms and conditions for any future references.

I apologise that there has been a mice infestation in your vehicle causing the symptoms with your vehicle. As previously mentioned, we are not providing further assistance on the damaged wiring caused by mouse infestation. I can confirm that I would not be able to override on this decision because of the fault becoming progressive in nature.

This concern has also been reviewed by the Service Centre and technicians and this is not covered under the terms and conditions of the warranty company.

In regards to the request of the rejection, I have reviewed this with the team and I can confirm that this is something that we would not be able to accept based on this matter. I do apologise for this.

If you have any further questions, please do let myself know.

Next steps

If you remain dissatisfied please let us know and we will see how we can assist you further.

 

Kind regards,

Hollie

[[bigemail:165246]]

Hollie Harries

Join us here: Facebook | Twitter

www.bigmotoringworld.co.uk

Big Motoring World

Telephone: 01634 248648

they also sent me a copy of there terms and conditions, not sure if you have seen one before, sorry it’s a bit long but thought you should see it .

 

Warranty Terms & Conditions 

01. The warranty applies to the motor vehicle described on the Validation Certificate provided it is a vehicle in current use. The warranty applicable to commercial vehicles is subject to the mileage of the vehicle not exceeding 12,000 miles in any 12 month period. The mileage for other than a 12 month warranty shall be calculated on a pro-rata basis.

02. No repairs are to be commenced without the prior authorisation of BIG Assist Protect

03. Dismantling charges will only be reimbursed as part of a valid claim. The vehicle owner must authorise any dismantling and to pay such charges should it be established that the failure is not covered by the warranty.

04. The Company reserves the right to examine the vehicle and/or damaged parts prior to any rectification work being undertaken. No claim will be considered where it is established by an Independent Engineer that the faults were caused by a lack of servicing and/or maintenance or wear and tear.

Should the Independent Engineer be unable to carry out their assessment for any reason, other than their own, then the responsibility of arranging a further inspection, and payment for same, will be the responsibility of the vehicle owner.

05. Cancellation of cover
a) The service contract holder has the right to cancel their cover at any time within 14 days from the date of purchase and receive a full refund; this period is known as the "cooling off period".

b) After the cooling off period has ended no refund of any monies paid in respect of this cover will be made for any reason.

c) In the event of a valid claim being admitted and paid within 14 days of purchase the cooling off period will be treated as ended and no refund of monies paid will be issued.

d) In the event that a refund of monies paid in respect of this coverage is issued the agreement shall be treated as ended and all of the contract holders entitlements under the agreement are forfeited immediately.

06. No liability shall exist or be deemed to exist whatsoever in the event of non-payment of this warranty.

07. The warranty holder is responsible for the first £75 of any claim of a claim being admitted by the Company unless stipulated elsewhere. If any claim is fraudulent in any respect, all benefits under this warranty will be forfeited.

08. In the event of a claim being admitted, the Company reserves the right to request a contribution from the warranty holder towards the cost of any parts and or labour in the event of the vehicle being in a better condition than it enjoyed immediately prior to the failure. The Company reserves the right to specify the use of reconditioned, aftermarket or exchange units.

09. The maximum liability for repairs shall not exceed the maximum claim liability as stipulated on the Validation Certificate. This shall also include any Additional Benefits.

10. The Conditions and Exclusions of this warranty cannot be altered or amended by any party except by written authority of the Company. The benefits of this warranty may not be assigned without the written consent of the Company.

11. In the event of a valid claim being admitted the maximum amount authorised towards the cost of labour shall not exceed a rate of £75.00 per hour.

Vehicle hire
Car Hire – This can be arranged on your behalf through Enterprise should the repair time to your vehicle exceed 8 working hours for a maximum of 7 days.

Breakdown cover - Breakdown cover applies for the first twelve months of the policy period only

EXCLUSIONS (THIS WARRANTY DOES NOT COVER)
i) Mechanical breakdown where the fault(s) could be reasonably stated to have existed before the commencement of this warranty, or the breakdown or failure of any components not covered by the warranty.

ii) Cylinder head cracks/porosity are specifically excluded under the terms of this warranty and so is the gradual reduction in operating performance of any of the components listed as being covered components.

iii) Any loss unless the vehicle has been serviced in accordance with the requirements of this warranty as detailed on the validation certificate or where the odometer has been tampered with, altered or disconnected.

iv) Repairs, replacements or alterations not authorised by the Company, experimental equipment, routine servicing or maintenance, or vehicles in any way modified from the manufacturer’s specifications, or any faults that can be attributed to the quality of fuel being used.

v) Any parts which have not actually failed, or parts replaced or reported during routine servicing and / or maintenance. Nor any parts which can be considered as having inherent design faults, subject to manufacturer’s recall, or claimable under any existing insurance, warranty or guarantee.

vi) Vehicles used for hire or reward, commercial vehicles with a carrying capacity of 35cwt or more, vehicles used in any sort of competition, rallying, racing, or any vehicles owned by a garage or its associated companies engaged in the motor trade.

vii) Any damage occurred in whole or in part due to any type of accident which is wilful, unlawful or negligent.

viii) Any consequential loss of whatsoever nature, arising directly, or indirectly from the claim, or event giving rise to a claim under this warranty. Any liability for death or bodily injury or damage to any property of any description.

ix) Claims not notified to the Company during the warranty duration, or any claims not notified by Recorded Delivery within seven days of any occurrence giving rise to a claim.

x) Deterioration of lubricants resulting in inconsequential damage.

xi) Any diagnostic cost incurred is specifically excluded from coverage afforded by this warranty.

xii) Any component that has failed due to a foreign object, such as stone damage or water
ingress.

xiii) Wear - Damage or deterioration which has occurred as the result of repeated usage cycles and has not developed suddenly within the vehicles last journey.

xiv) Negligence - Damage to the vehicle which could be reasonably stated to have been avoided but for the inaction/action of the operator/owner or third party either accidental or reckless.

xv) Maintenance - The preventative and reactive maintenance of the vehicle including but not limited to servicing, fluid changes and the replacement of items which have reached the end of their serviceable life such as brake discs and pads and tyres.

xvi) The coverage shall not apply and shall not be taken to apply to any part fitted to a vehicle which is by design or by association related to either hybrid type vehicles or fully electric vehicles. This includes but is not limited to batteries, motors, charging systems, controls and power supply. Claims arising as a result of any remedial works required due to
damage or breakdown occurring to items caused either wholly or in part due to failures of parts associated with the same are excluded from this cover.

Renewals
Data Sharing
· We share your personal data with warranties 2000 for the following purposes:
· To administer your car warranty and any claims on your behalf.
· To allow you to make a claim on the warranty via the app.
· To notify you when your warranty is due to expire
· We do not sell your personal data to third parties. However, we may from time to time disclose your personal data to the following categories of companies or organisations to which we pass the responsibility to handle services on our behalf: roadside assistance service providers, vehicle collection & delivery, accident management, external third-party body
shops, external third-party garages, our legal and other professional advisors.
· We take steps to ensure that any third-party partners who handle your personal data comply with data protection legislation and protect your personal data just as we do. We only disclose personal information that is necessary for them to provide the service that they are undertaking on our behalf. We will aim to anonymise your personal data or use aggregated none specific data sets where ever possible.

Legal Basis for sharing data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
· Contractual performance - where we need to process your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
· Legal or regulatory obligation - when we have to process your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
· Legitimate interest - when it is in our legitimate interest (or that of a third party) and those interests do not override your rights and freedoms, for example when it is in the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and
balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
· Vital interests - where it is necessary to process your personal data to protect your vital interests or another person
Consent - generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time

[BankFodder]

Thank you. It is rather long. I'd like you to point us to the part which says that you can go to any VAT registered garage – or else the part which says that you can't.

Were these terms and conditions provided to you at the time that you entered into the contract for the warranty

[Wilbury]

I reported the fault through the big assist app on my phone and this was the reply on the 16/10/23  the screenshot below 

Thank you for contacting us through the app.

If you have a fault with your vehicle, please take it to your own local independent repairing garage. Once they have fully diagnosed the fault, the repairer needs to call the Claims Team on 01133225280 before they complete any repairs and/or replacements. Alternatively, it you need assistance finding a garage, please contact us on 01133225280.

I trust the above is of assistance.

 ...........................

On the app it says select a garage and they only had Halfords and I was unable to get booked in at Halfords for 2x weeks. I then went back to big assist as more faults where occurring and was informed on the 18/12/23 to take to a local garage but not a main dealer which I did Once  the garage had done the diagnostics and contacted Big Assist with the faults and quote for repair on the 4/1/24 they informed the garage they will call back once they had contacted the customer. They never did call back.

I received this email the next day 15/01/24

Good afternoon,

Thank you for your recent contact regarding your claim. 

Please be advised that Big Motoring World have now requested that all customers log claims with them directly. Therefore, please can you contact Big Motoring World directly to discuss your claim. Their contact number is 01634 540960 and their email address is [email protected].

Kind Regards,

Warranties Assistance Division

0113 322 5280

I contacted them by phone and was informed that the policy terms had changed on the 18/12/23 although I had not been informed and also that the vehicle could only be repaired at there service centres.

i managed to get bmw to get the car transported to bmw Leeds 

[BankFodder]

Thank you. That is very useful.

I believe that on the Facebook complaints page, there are a number of screenshots containing the advertisements for the warranty but also screenshots of chats which occurred with Big Motoring World online staff.
Those screenshots also make it very clear that the warranty is available for everywhere in the country.
Please will you visit the Facebook page and download as many of those screenshots as you can find.

Put some of them up here.

If you are happy to make a claim then I envisage that you will be sending a letter of claim tomorrow and proposing a timescale of 14 days and that on day 15 if they have not cancelled the warranty and reimbursement for and also any associated expenses incurred – that you will begin a legal action.

Are you happy to go this way?

If so, please get the screenshots.
We need evidence that they are selling the warranty on the basis that it is available everywhere and then there are varying the terms and conditions.

It will also be very helpful to show that they have been carrying out this practice of apparently varying their terms and conditions for a considerable period of time.

In other words if it is possible to show, for instance, that they were selling the warranty in August and then varying the conditions, in September and then varying the conditions, in October, then varying the conditions – et cetera.

This will show that it isn't simply a mere accident or misunderstanding but it is a deliberate misrepresentation.

Even if it is accidental, you have a very sound case. If we can show that this is their practice of mis-selling then it will become much more serious and much easier to deal with in the courts.

So, do you want to go ahead and issue a letter of claim?
If so please get screenshots

Incidentally, you have referred above to one of the messages that you received as being a "screenshot".

This is not screenshot. This is simply a copy and paste of the text message.

It is fine – but screenshots will be better.

Also, please can you make sure that you back these things up. Don't just leave them on your telephone. You need to take at least a second copy

 

Here is one although I think that it is dated before you bought your vehicle.
I suppose they could wriggle out by saying that when you bought your vehicle, the new warranty terms were clear.

This is why you need to get a proper evidential record of warranty terms and conditions and then messages where they renege on the terms and conditions.
Dated just after your purchase

Actually, my mistake. He purchased a vehicle on the 14th and the above screenshot is dated 16th. That will be helpful to you but more evidence is needed please

[Wilbury]

Hi I did try a screenshot but it would not let me post it on here as a photograph screenshot, so I did a copy 

 

That’s correct I purchased the vehicle on the 14/10/23 

[BankFodder]

Please convert them to PDF format and then upload them.

So wait a few to indicate whether you want to take legal action.

Still waiting for you to obtain screenshots from the Facebook complaints page.

Here's another one
 

 

As you can imagine, I'm trying to move quickly on this. If it is too fast for you then please let us know but I don't see any point in hanging around. You suffered enough already and I would have thought that you want to move on and start asserting control.

So far you are being led around by the nose and it is about time to end this docility.

What expense did you incur getting the car transported to Leeds?

 

Here's another one – I seem to be making all the running here and it's not even my money that I am trying to get back

[Wilbury]

Yes I want to go ahead against BMW.

I did not incur any expense getting the vehicle moved from my local garage to BMW service at Leeds, I said the car was unfit to drive with the overheating and the 40 miles to get it there so they had me organise transport using the big assist recovery.

once they had refused to repair any further at Leeds I had to go and collect the car from them.

Sorry, That is my copy that I posted on Facebook, I am struggling to get the items you require posted on here 

 

[BankFodder]

Oh right! I hadn't realised that I was posting your own documents appear. I hope it's all right – I have redacted them for you.

Excellent that you are posting them that way on Facebook but let's get some post it up here. I think there are screenshots from conversations of other people on Facebook as well. Download them to your computer and then post them up here.

The more the merrier – and they will be useful to other people as well.

I understand that it was they who transported your car. They may try to say that you invoke the warranty therefore you accepted the changes.
Did they inform you of the changes before the transportation or after transportation?

 

Quote

Dear XXX

Vehicle Registration Number XXX Purchased XXX Date –
Cancellation of Warranty

Letter of claim

Please note that I will not be bound by any without prejudice correspondence or duties of confidentiality unless you seek my agreement in writing in advance.

On XXX day I purchased the above vehicle from you. At the same time you persuaded me to purchase a one year warranty for £XXX

At the time of the sale of the warranty you led me to believe that the warranty entitled me to seek repair services at any VAT registered garage in the United Kingdom.
As I live about 70 miles away from you, this was an important element and it was on that basis that I agreed to purchase the warranty.

In the event, on XXX date my car broke down. Although it was transported to XXX garage, when XXX garage diagnosed XXX problem, you then informed me that the terms of your warranty had changed some time earlier and that my vehicle would only be repaired under your warranty terms at one of your own garages.
Not only that, you informed me that I would be responsible for returning my vehicle to that garage for repair. This was despite the fact that my vehicle by that time was undriveable.

The changes to your warranty contract have been made unilaterally and without any reference to me although I would have rejected the changes in any event.

Your unilateral changes in the terms of your contract have vitiated the contract and put you in fundamental breach of your contractual obligations to the extent that I'm substantially deprived of the whole benefit of the contract.

Therefore I am accepting your repudiation and I require confirmation from you that the warranty contract is cancelled and I require immediate reimbursement of the purchase price – £XXX.

I have become aware that your company has been routinely selling nationwide warranties and then reneging on their commitments by informing your customers that the warranty terms have changed.

Because of this, I am informing you that I am not prepared to enter into any negotiation. You no longer have my confidence and if you do not reimburse me in full within 14 days of this letter I shall start a legal action in the County Court to recover my money plus interest plus costs of the action.
In view of the number of other people who seem to be complaining about exactly the same thing, I shall also be inviting the court to consider that you have committed a fraudulent misrepresentation and that damages should be assessed on that basis.

Signed
 

I suggest the above as a letter of claim.

You may not be aware, but Big Motoring World are monitoring this forum and they also monitoring the Facebook complaints page. As long as everybody is honest and straight dealing, there is no problem and we have nothing to hide.

Please have a look at the letter of claim above. I expect that you may find it complex that you can be certain that it serves all your interests but it is better that you ask questions about it before you send it off blindly.

Please don't be embarrassed about asking questions. If there is anything that jumps out at you and about which you disagree then please flag it up now.

I think it will be a good idea to agree the letter of claim so that you sent it off in the post tomorrow and that you start to prepare your claim to issue it on day 15 after the date of the letter.
Please don't imagine that this will be a bluff. I think that they will be unlikely to cave in on this letter and it will at least take the issue of claim.
If you are not certain that you will issue the claim on day 15 then don't send the letter because you will simply lose credibility – but in that case, we are all wasting our time.
BMW will be aware that other people will be watching this and it could spell a loss of business for them – but you never know.
Maybe they will act with a bit of common sense on this occasion.

If they decide to risk the court action, then don't imagine it will be quick. If it goes to mediation – which we would not recommend – that would probably take about six months. If it goes to trial then it could take a year.

I rate your chances of success on the warranty issue at better than 90%.

Please keep on trying to get screenshots. If you managed to save them and upload them to Facebook then you should really have no difficulty uploading them here. Convert them to PDF if necessary and upload them.

The more evidence the better. If you can get half a dozen examples of them selling warranties on the basis of national coverage and half a dozen examples of them informing their customers that the terms of the warranty have been varied – after the customer has needed the warranty for breakdown – then your chances of success will be almost 100%.

In that case, if I were representing Big Motoring World I would advise them to put their hands up to avoid a judgement and some nasty publicity.
 

 

Can we find out what date this was?

[BankFodder]

I have been looking at another load of the screenshots on the Facebook complaints page.

It's really quite amazing. People are boasting the screenshots around but almost nobody has put the date that the screenshot was taken.

 

[Wilbury]

Will make sure I have dates with all screenshots

[BankFodder]

Yes please. Please post them up here.

You need to have everything sorted out – ducks in a row – before you send off the above letter of claim.

Once we have dealt with that, we will start having a look at the condition of your car and start dealing with that problem. One thing at a time.

If you can issue this letter of claim and issue the claim will be good practice for you. It should give you confidence and also it will flag up to BMW that you are being abjectly serious about this and that you are taking control.

Someone on the Facebook complaints page has just pointed out that the warranties that they sell are put together by themselves by some separate company and in fact that they are probably insurance products.

This it completely slipped my mind. It is pretty clear that warranties an extended warranties are considered to be insurance products and therefore they must be regulated by the FCA.
The selling of unregulated insurance products is potentially an offence.
This doesn't mean that the insurance product needs to be authorised. It can be exempted – but it must be regulated.
 

In the matter of Digital Satellite Warranty Cover Limited and another (Appellants) v Financial Services Authority (Respondent) - The Supreme Court

WWW.SUPREMECOURT.UK

---

Case details

not particularly easy reading I'm afraid – but only 12 pages

[Wilbury]

I have done the letter of claim, do you want to see it before I send it off.

once sent do I start proceedings through the court ? 
Thanks Kev 

[BankFodder]

Yes please. We want to see everything that you have a send either to BMW or to the court – everything before you send it.

Your letter of claim should give them 14 days before you start an action so why are you asking if you start proceedings immediately.

Also, we do not want to send the letter of claim until we are certain that you have the evidence to support your claim. I have been asking you to post screenshots of your evidence.
Being a small claim is an easy matter that it isn't something that you go into unprepared.

We want to see the letter of claim in advance and we want to see the evidence in advance. We are trying to look after your best interests so please pay attention and please follow our advice

[Wilbury]

Just checking that I am doing it correct and  following your instructions.

sorry if I’m not understanding what the procedures are and will try and download what evidence I have. I have managed to put it onto the site on Facebook and some of if you have seen.

hopefully get it all together.

This is the draft letter the date will be changed to the date of postage    

Quote

 

     Dear Big Motoring World
                     Vehicle Registration Number GJ17 EU   Purchased  Date 14^TH October 2023. 

12^th February 2024 

    Cancellation of Warranty

Letter of claim 

         Please note that I will not be bound by any without prejudice correspondence or duties of confidentiality unless you seek my agreement in writing in advance.

         On 14^th October 2023 I purchased the above vehicle from you. At the same time you persuaded me to purchase a one year warranty for £1161.68

At the time of the sale of the warranty you led me to believe that the warranty entitled me to seek repair services at any VAT registered garage in the United Kingdom.
As I live about 70 miles away from you, this was an important element and it was on that basis that I agreed to purchase the warranty.

In the event. On the 16^th October my car developed faults and was taken to

Coleman’s garage, South Normanton DE55 2DZ. when Coleman’s garage diagnosed Lambda sensor + Thermostat problem, you then informed me that the terms of your warranty had changed some time earlier and that my vehicle would only be repaired under your warranty terms at one of your own garages.
Not only that, you informed me that I would be responsible for returning my vehicle to that garage for repair. This was despite the fact that my vehicle by that time was undriveable. You then after much conversation had me arrange transport through you Big Assist Recovery.

The changes to your warranty contract have been made unilaterally and without any reference to me although I would have rejected the changes in any event.

Your unilateral changes in the terms of your contract have vitiated the contract and put you in fundamental breach of your contractual obligations to the extent that I'm substantially deprived of the whole benefit of the contract.

        
Therefore I am accepting your repudiation and I require confirmation from you that the warranty contract is cancelled and I require immediate reimbursement of the purchase price –£ 1161.68

I have become aware that your company has been routinely selling nationwide warranties and then reneging on their commitments by informing your customers that the warranty terms have changed.

Because of this, I am informing you that I am not prepared to enter into any negotiation. You no longer have my confidence and if you do not reimburse me in full within 14 days of this letter I shall start a legal action in the County Court to recover my money plus interest plus costs of the action.
In view of the number of other people who seem to be complaining about exactly the same thing, I shall also be inviting the court to consider that you have committed a fraudulent misrepresentation and that damages should be assessed on that basis.

Signed

XXXXXXX

 

 

 

 

 

 

[BankFodder]

It's not a problem that you don't understand the procedures – we will deal with that.

But before we start threatening and then bringing court claims, we do need to make sure that you have got the evidence to support your case.

Once again, we would like you to assemble the screenshots or other evidence you have. The best thing to do is to put them into a PDF file – in proper order and then upload the file here so we can have a look.

You do not want to start sending off letters of claim until you are fully prepared and that you are confident that if they don't pay up, that you will issue your claim and that you will win.