BBDisco3
Member Since: 23 Nov 2008
Location: Cheshire
Posts: 3646
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You should first use the correct complaints procedure as detailed in the policy. If they still don't pay you can send the matter to the Insurance Ombudsman and Warranty Direct are then obliged to settle in accordance with the Ombudsmans desision. You may also be awarded compensation for your trouble. This will not only cost Warrranty direct about £500 for the referal to the Ombudsman but it will also be logged as a complaint against them.
If the Ombudsman does not find in your favour, you still have the legal right to persue through the courts, but you will then have to pay the cost of the summons (about £80) and if you win you would get the whole amount back. However, if they do not admit the claim you would then face additional costs to persue.
The Insurance Ombudsman service is there for this very thing - it will cost you nothing to use it.
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 29th Jun 2011 12:37 pm |
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maplecottage
Member Since: 01 Feb 2011
Location: Norfolk
Posts: 3171
 
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WD's 'ExtraCare' policy does include "headlamp adjustor motors" and are specifically referenced. If 'LuxuryCare' is supposed to be the better cover, you could possibly argue that all items from 'ExtraCare' should, by default, be covered in 'LuxuryCare'.
Electrics
Alternator, alternator voltage regulator, engine cooling
fan motor, electric window motors, front windscreen
wiper motor, rear windscreen wiper motor, interior
cabin fan motor, horn, indicator flasher unit, starter
motor, central locking solenoids and motors, cruise
control unit, electric door mirror motors, aerial motor,
electric sunroof motors, headlamp adjustor motors,
relays, rev counter
Good luck anyway. 
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| 29th Jun 2011 12:42 pm |
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BBDisco3
Member Since: 23 Nov 2008
Location: Cheshire
Posts: 3646
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Maplecottage - I think you may have it the wrongway around. Quagmire has Luxury Cover not Extracare.
Extracare only covers named components (and the headlight motor is named and covered)
Luxury cover provides cover for all components with the exception of those named (and head light motor is not named)
In these circumstances both contracts would have covered the headlight motor, but the most important thing is that clearly Direct Warranty do now show in the Extracare policy that the motor is not the same thing as a lamp which was the reason they are trying to turn the claim down.
What you have found is more "fuel for the fire" to help Quagmire - well done 
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| 29th Jun 2011 1:00 pm |
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Quagmire
Member Since: 27 Jan 2008
Location: Surrey
Posts: 143
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No news yet.
Sent off my e-mail to Complaints Dept., and will keep you all informed.
Many thanks for your help and advice.
Quagmire  Giggity - Giggity
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| 29th Jun 2011 3:18 pm |
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BBDisco3
Member Since: 23 Nov 2008
Location: Cheshire
Posts: 3646
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Quagmire -- just a thought, under the terms of the complaints procedure you do not have to make the complaint in writing. This was a clear indication by the FSA so to prevent those who can't put pen to paper, for whatever reason, from being disadvantaged.
Warranty Direct should have taken this as a complaint as soon as you disagreed with the declined claim. They should consider a complaint to be where someone "shows to be disatisfied" you don't have to use the word complain for them to realise you are not happy. Page 15 of the policy tells you the time they have to respond to a complaint and failure by them can be a serious breach.
Hope you hear from them today.
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| 1st Jul 2011 7:45 am |
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BBDisco3
Member Since: 23 Nov 2008
Location: Cheshire
Posts: 3646
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Quagmire - Have Warranty Direct accepted the cost of repair yet?
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| 4th Jul 2011 4:05 pm |
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pom
Member Since: 10 Feb 2008
Location: Worcestershire
Posts: 1790
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doesnt it make you sick, you pay out for a warranty and when it comes to be used they try every trick in the book to get out of paying. Just like dealers.
Small claims them, dead easy to do and a royal PITA for them. I would not surprise me if they failed to turn up for the hearing (reading on legal forums this is very common)so you win by default. You can then send the balifs round to their HQ if they dont pay for the repair + court cost + interest.
Pom
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| 4th Jul 2011 4:15 pm |
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BBDisco3
Member Since: 23 Nov 2008
Location: Cheshire
Posts: 3646
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Quagmire - Any news?
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| 7th Jul 2011 9:45 pm |
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BBDisco3
Member Since: 23 Nov 2008
Location: Cheshire
Posts: 3646
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Quagmire - Did Warranty Direct accept the claim?
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| 28th Jul 2011 9:16 pm |
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Quagmire
Member Since: 27 Jan 2008
Location: Surrey
Posts: 143
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Hi all
Been away for a couple of weeks on hols. Guess what............. still waiting to hear!!!!!
In all fairness after the excellent response from this site, I spoke to the Head of Customer Relations and after a bit of a disccusion she said to me get the part and send in the bill and we will look at it! `What`, i said. I then said to her I want it confirmed in writting that I can claim before I spend a few hundred quid and then you decide to reject my claim! She then said that she would look into the matter and will be in touch!!!
So today, I've just fired off another e-mail asking her if she has looked into the claim.
Thankgod I didn't have a bigger more serious claim.
Interestingly, when I rang up (in disguise a few weeks ago) and spoke to a sales guy about the various policies, he confirmed to me that Luxury Care includes all of parts etc that ExtraCare has. When I mentioned this to the Head of Cust. Relations, she fumbled her words a bit and then said that they are two separate policies and that the sales guy was wrong. What a load of bo@@oc~s.
I don't have a problem with this fight, it's the sort of stuff I enjoy, in a perverse way. 
I'll keep you updated Giggity - Giggity
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| 1st Aug 2011 4:12 pm |
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BBDisco3
Member Since: 23 Nov 2008
Location: Cheshire
Posts: 3646
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Glad you are not giving up but perhaps they need reminding as I mentioned in a previous post ............. "Page 15 of the policy tells you the time they have to respond to a complaint and failure by them can be a serious breach"
Even if they agree your claim in full, and once they have paid you, you still have the right to make a complaint to the FSA for being dealt with unfairly.
You have paid a premium to cover a risk. The policy wording clearly shows what has happened is not excluded as the failure is not a "lamp" and you have all the proof you need to show this.
It is not right that they expect you to lay out £1000 while "they consider" the matter.
Another breach of the FSA rules is that they are not showing a "competent person" is delaing with this. You should have also been sent a letter notifying you who by name is delaing with your complaint and the leaflet "How to Complain" which gives the details of the Insurance Ombudsman and the FSA - if they haven't done this then its too late for them to cover up yet another error.
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| 1st Aug 2011 9:22 pm |
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BBDisco3
Member Since: 23 Nov 2008
Location: Cheshire
Posts: 3646
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Quagmire - Any progress with the claim ??
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| 7th Sep 2011 8:28 pm |
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Quagmire
Member Since: 27 Jan 2008
Location: Surrey
Posts: 143
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Looks like I'm going legal!!
I've sent them a letter fully outlining my claim (again) and that they have until the 10th September to respond or I will be taking legal action.
No reply as yet.
So, if I don't hear from them by the 10th, I am proceeding with an action in the small claims court.
Tight fisted *%@~
I'll let you know on Saturday! Giggity - Giggity
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| 7th Sep 2011 9:34 pm |
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Quagmire
Member Since: 27 Jan 2008
Location: Surrey
Posts: 143
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Could be worse. It could be my engine!! Giggity - Giggity
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| 7th Sep 2011 9:36 pm |
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BBDisco3
Member Since: 23 Nov 2008
Location: Cheshire
Posts: 3646
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Quagmire - Will pm you tomorrow morning when back at pc - can't see keys on this mobile to type much more !
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| 7th Sep 2011 10:57 pm |
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