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44k engine blown, warranty company not interestedViews : 8800 Replies : 74Users Viewing This Thread : |
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Nov 1st, 2016, 17:38 | #11 | |
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You can write anything into a contract, it does not make it legal.
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Nov 1st, 2016, 17:58 | #12 |
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You could send a sample of the oil of to a lab for analysis. This would probably confirm which grade the garage used and whether the level of contaminants where average for the age of oil / engine. At the end of the day, if it comes back with results that don't support your case, you don't have to share the results with the warranty company.
Re: foreign matter: carbon is not foreign to the internals of an engine. It is a by-product of combustion in the same way as CO2, NOX etc. Last edited by Simon Jones; Nov 1st, 2016 at 18:00. |
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Nov 1st, 2016, 18:04 | #13 |
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In my sad experience most warranty companies will try to worm out of their obligations every time. A solicitor is probably needed. Good Luck!
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Nov 1st, 2016, 19:16 | #14 |
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So you've had the car serviced at the correct period according to the warranty. Carbonised oil? Due to local journeys? What utter tosh!! If the car was serviced correctly then you should be covered
1) Who serviced the car? Was it recommended by the warranty company? 2) Was serviced as per the schedule? 3) Was the correct grade of oil used and was the filter changed? Something stinks here and I'm not talking about the oil. Someone tugging your chain mate.
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Nov 1st, 2016, 20:02 | #15 |
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I just realised you are going through the complaint procedure with the warranty company, this is a good move, don't offer any information they don't ask for.
I would avoid a solicitor for a while, they will charge you to write letters that have no legal weight at all. I had a similar problem with a TV warranty! My TV was a limited edition Finlux, the insurance company offered me a Goodmans TV as final settlement! Took me three weeks of letters to wear them down to fully cover my claim. Standard practice with most insurers is to make an initial low offer, in your case it's a bit more difficult. If your appeal fails, write to them with a letter stating at the top "letter before legal action, do not ignore". Make it a signed for letter, cover their failure to honour the warranty. Provide all copies of information required for a claim, if possible a statement from the servicing garage stating all servicing done to the correct spec etc. Include the quote from Volvo for a new engine and inform them you will have an independent engineers report conducted to allow a court action. Inform them that all costs for this will be claimed for in small claims court. You will stuff them. They will either agree to settle or get royaly screwed in court. If you have to get an engineer report ENSURE it states it's independence! Grrrrrr, I hate insurance companies that try to screw people!
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Nov 1st, 2016, 20:18 | #16 | |
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Nov 3rd, 2016, 16:59 | #17 |
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As long as the correct filters and oil grade is used then there shouldn't be an issue. You've done what you can, I'd certainly get advice now.
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Never underestimate the power of stupid. It’ can’t be reasoned or negotiated with and you’ll never never beat it…. Cut your losses, smile and walk away Currently Volvoless but Thong will be back |
Nov 3rd, 2016, 18:27 | #18 |
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A few years back I had a gearbox fail on my Fabia Vrs, and I went to my Warrnty company for help and they were useless.
The car had FSH (not Full Skoda) and had just had a Cambelt/Water pump change and full service a few weeks earlier. The work was carried out by two ex Skoda Master Technicians who had started their own small business together and were using genuine parts and approved kit. The warranty company refused to pay out and tried a few excuses. 1) FW&T. How is a gearbox Fair wear and tear? The Gearbox has the same life expectancy as the engine, and all serviceable items were maintained. 2) Gearbox oil had not been changed. It wasn't mentioned in the service schedule anywhere (certainly not before the 55k that it was on when it broke). After arguing successfully (with the help of some mechanics) that the first two reasons were not viable, they used... 3) Not VAT registered garage! I had no idea this was an issue or would degrade the quality of the parts or labour, but they had it in the small print and that invalidated my warranty claim. IMO, they aren't worth a penny unless they are a dealership warranty that comes with the car, and occasionally an extended warranty (if you pay for the Gold/Premium option). |
Nov 3rd, 2016, 18:33 | #19 | |
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It's a dogs life! XC70 D5 2006 244K Still chugging! CRV 2.2 2006 216K Reactivated. |
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Nov 3rd, 2016, 19:22 | #20 |
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If you are a member of a road rescue organisation, rac/a or such like, check with them and see if they will arrange an independant investigation of the engine and they draw up a report for you. Upon receipt of their report you can then progress with legal assistance, again check with roadside assistance company if you are covered for such things Good luck.
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engine, mapfre, warranty, xc90 |
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