buda
Member Since: 24 Jan 2010
Location: strathclyde
Posts: 334
  
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whoaw....... this is exactly the type of thing that a lot of people will be fobbed off with and just pay themselves without realising that WD are failing their obligations..........Fantastic advice here and it takes this kind of perseverance to make them do their moral duty never mind their liability in law........they make enough millions to pay up....... 
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 8th Sep 2011 12:17 am |
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Dave T
Member Since: 03 Jul 2009
Location: Glasgow
Posts: 6906
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Quagmire wrote:Could be worse. It could be my engine!!
Don't go there  Joined the BMWX5 45e group
1994 Defender 90
2015 RRS Corris Grey/Black roof
2016 D4 Graphite Santorini Black
2012 D4 XS Orkney Grey
2005 D3 S Maya Gold
Convoy for Heroes 2011
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| 8th Sep 2011 7:01 am |
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BBDisco3
Member Since: 23 Nov 2008
Location: Cheshire
Posts: 3643
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Quagmire - Well done for not giving up. You may be aware you can issue a summons on line through "Money Claim On Line" at www.moneyclaim.gov.uk/ this is a quicker method of getting a county court claim issued and there is a small saving in the cost to you.
Should the defendant not respond, and because the amount in dispute is over £600, it may be worth looking at http://www.thesheriffsoffice.com/ as they are authorised to deal with judgment enforcement. You can speak to them on the phone, they will talk you through the process and make sure you do things in the correct order.
Please also remember you still have the option to take the matter to the Insurance Ombudsman and the Financial Services Authority. Doing so is at no cost to you. Whatever the Ombudsman rules is binding to Warranty Direct but if you don't agree with the Ombudsman you still have the right to take legal action.
The Financial Services Authority should be made aware that Warranty Direct have failed to comply with the strict rulings which are in place regarding the dealing with a customers complaint. All Insurers have to be seen to be "treating their customers fairly" The very fact this matter has dragged on so long makes it clear they have breached that requirement.
There are now two issues here - one is the fact they haven't paid your claim, and the second is the lack of response to you correspondance and calls and both are matters which the Ombudsman and the Financial Services Authority take very seriously. There is a non refundable set fee of £500 which Warranty Direct will have to pay once you make a complaint to the Ombudsman.
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| 8th Sep 2011 9:00 am |
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Quagmire
Member Since: 27 Jan 2008
Location: Surrey
Posts: 143
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Thanks for the advice BBDisco3.
Insurance Ombudsman and FSA.......here I come.
Don't ya just love this forum 
Will keep you posted.
DaveT sorry mate  Giggity - Giggity
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| 8th Sep 2011 9:09 pm |
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BBDisco3
Member Since: 23 Nov 2008
Location: Cheshire
Posts: 3643
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If the Ombudsman agrees in your favour, they can also award you with compensation for the upset, as well as the repair cost.
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| 8th Sep 2011 10:11 pm |
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BBDisco3
Member Since: 23 Nov 2008
Location: Cheshire
Posts: 3643
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Quagmire
Any further progress?
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| 20th Sep 2011 12:37 pm |
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Popelka
Member Since: 31 May 2008
Location: Praha (Prague)
Posts: 2430
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yes whats happened ????
even out here it's interesting to follow.....
keep at them Experience is a difficult teacher, because she gives the test first and then the lesson afterwards!!!!
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| 20th Sep 2011 4:05 pm |
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Quagmire
Member Since: 27 Jan 2008
Location: Surrey
Posts: 143
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Hi guys
So far....
Warranty Direct got Cardif Pinnacle (their Underwritter) to contact me regarding the claim and to independantly assess it (independant eh, ha ha  ). I just went along with this!
Suprise suprise,  when I got a letter from them which said "they agree with the decission of the rejection of claim".
They said
" The bi-xenon headlight is a special version of the xenon headlight and allows a single headlight to generate bothe high and low beam. When the low beam is selected, the light is partially shielded by a moving shutter. To switch to high beam an electromagnetic moves the shutter out of the light beams path. The headlamp adjuster motors which you have refered to are completly separate to the headlight and adjust the height of the headlamp assembly. The shutter as far as I am aware is built into the xenon headlight assembly and as such is exluded"
 Yes, I am a bit confussed as to why he mentions the Headlamp Adjusters.
Anyway, I am now in correspondance with the Finanacial Services Ombudsman and will let you know. Giggity - Giggity
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| 20th Sep 2011 9:15 pm |
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BBDisco3
Member Since: 23 Nov 2008
Location: Cheshire
Posts: 3643
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Quagmire - So they have now written you a letter stating the fault is an "electromagnet".
Well done Pinnacle for accepting the failed item is in fact covered under the terms of the policy viz "All mechanical and electrical components of your vehicle are covered except those listed overleaf"
Now I am not sure (as school physics was a long time ago) if an electro magnet is firstly electrical or mechanical but in this case it doesn't matter either way as the policy wording states they are both covered.
Pinnacle seem to be using the exclusion of the word "lamp" but going back to my earlier post, the definition of lamp in the Oxford English dictionary is ........"a device for giving light, either one consisting of an electric bulb together with its holder and shade or cover, or one burning gas or oil and consisting of a wick or mantle and a glass shade… "
A simple approach would to be to consider the electro magnet to be performing the function of a switch which turns the lamp "on or off" or "up or down" If this switch fails its not the lamp whch is faulty, the faulty part is the switch (or electro magnet) as they choose to call it.
It is good to see you have not given up. Apart from the cost of the repair it is the principle as well which you have to consider. You have paid a premium to cover a risk and Pinnacle/Warranty Direct are failing to deal with this under the terms of the policy.
You have two complaints here, the first is over the claim being declined and the second is regarding the handling of the claim and the delays in responding to your complaint.
Best of luck - I am sure you have the support of many of the forum members.
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| 20th Sep 2011 10:10 pm |
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Quagmire
Member Since: 27 Jan 2008
Location: Surrey
Posts: 143
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Thanks BBDisco3
When will it ever end...................
Thanks for your help. I'll keep you informed. Giggity - Giggity
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| 20th Sep 2011 10:19 pm |
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BBDisco3
Member Since: 23 Nov 2008
Location: Cheshire
Posts: 3643
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Quagmire
It will end only once you get the repair paid for.
Then we will move on to the next 
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| 20th Sep 2011 10:39 pm |
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BBDisco3
Member Since: 23 Nov 2008
Location: Cheshire
Posts: 3643
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Quagmire - Any more news yet ?
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| 12th Oct 2011 10:13 pm |
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Quagmire
Member Since: 27 Jan 2008
Location: Surrey
Posts: 143
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Hi BBDisco3
It's all with the Financial Services Ombudsman.
I don't think I'll hear anything for at least two months. From my experience these bodies usualy take their time. 
That'll make it nearly six months. 
I'll let you know. Giggity - Giggity
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| 12th Oct 2011 10:24 pm |
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BBDisco3
Member Since: 23 Nov 2008
Location: Cheshire
Posts: 3643
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Quagmire - Well at least Warranty Direct will have to reply to them quicker then they did to you !
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| 12th Oct 2011 11:20 pm |
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BBDisco3
Member Since: 23 Nov 2008
Location: Cheshire
Posts: 3643
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Quagmire - Any further news?
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| 15th Nov 2011 1:49 am |
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