AA 5* Warranty - Oh dear.....

[richardpalmer]

I purchased a Ford C-Max 2.0TCDi from a dealer and it was covered by a 5* AA Waranty.

When in France it broke down and the EGR valve had to be replaced (Approx 500Euros). Warranty company say it's not covered as the EGR (Exhaust Gas Regulator valve?) is not specifically mentioned in the policy - it just says exhust and engine valves. I asked for their complaints and appeals procedure, to be told that in asking about it I'd been through it. They're not covered by an Ombudsman. they tell me all I can do is appeal to the dealer from whom I purchased my car.

Any thoughts/experience?

Richard

 

[ProfJohnL]

Hello Richard,

You don't tell us how long you had the car before the failure occurred. I assume it was a second hand purchase. If its only a a few months, then you may have a Soga case against the seller. Even second hand goods must be fit for purpose!

However you question was about the 5* AA warranty. This is as much a contract as any other. and all parties are obliged to comply with the agreed terms and conditions you should have been able to view and read before you signed up.

It is not uncommon to find that some items are not covered by these policies, but if they are not covered, then they must be adequately identified in the T&C's - so basically you know what you are signing up to.

If a general term is used such as 'engine' then it is reasonable to assume that it includes any mechanical part mounted directly on the engine block that is fundamental to the operation of the engine. If the EGR were to be excluded, then it should be sufficiently well identified so as not to leave an ambiguous question in any reasonable persons mind.

If the T&C do not specifically exclude the EGR valve, then I believe you have a case to pursue the company for the money.

You are not obliged to accept the first offer an insurance policy makes, and it can often be worth stating your case for an improved offer.

In the past on different vehicles I have successfully argued for the replacement of a half shaft, a solid coolant gallery pipe, and for a complete replacement to OEM specification of a radio that got stolen, even though it was cost at more than the policy allowance.

Bearing in mind that you have apparently exhausted the companies complaints procedure, I suggest you check out the financial ombudsman service on:-

http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm
I am not sure, but I think any company that sells a financial product (such as insurance or 'warranty policies) are covered by the FSA and the ombudsman service.

 

[Raywood]

I would add to the above that if you want to go to the Finacial Ombudsman you must make a complaint in writing to the company first. You need to specifically state that it is a formal complaint and should go through their complaints procedure. If they are a member the reply should advise you that you can go to the Ombudsman if you are not satisfied. If they are not members then you would have to go to the County Court or Sheriff Court in Scotland if you want to take it further.
We would all be interested in how you get on.