Extended/aftermarket warranties

[jzc008]

If there's a clause in the contract which means that they will never pay any claim then the contract should be declared void and they should refund any premiums paid otherwise they are getting payment without providing anything for it.

[cheezemonkhai]

If there's a clause in the contract which means that they will never pay any claim then the contract should be declared void and they should refund any premiums paid otherwise they are getting payment without providing anything for it.

I think it's hard to prove that it's an unfair contract term especially since the also offer you a refund for the policy after 14 days.

As you say though it could well make the policy pointless and not claimable on.

Still would be an interesting approach to try, especially as you say, you could argue there is no way you could ever make a successful claim on the policy.

When the policy was sold to me I was asked if the car had been serviced recently, and I explained that it had been fully serviced with cambelt and water pump change. At no point was I asked about the VAT status of the garage that did the work. That would have been the time to mention that clause in the policy.

So their argument would be that when the policy book turned up, you should have read it and either questioned the VAT part or changed your mind and cancelled for a full refund.

The point I'm making is you can't blame them for not telling you, because they did, in writing. They gave you the chance for a full refund if you didn't agree with it and as a party in a contract you too have a duty to read the contract you are agreeing to.

Anyway, hopefully you'll get an outcome that meets your needs.

[daveyonthemove]

I called them to cancel on Monday and was told that I couldn't because I'd made a claim.

After I argued the point that no claim had been authorised, I hadn't officialy made a successfull claim, I was told Somebody would me back that day and I'm still waiting for a call.

So I can't win. They won't honour a claim and won't let me cancell either.

[cheezemonkhai]

Worth asking to speak or writing to their complaints depts.

Stating you took out a policy that you could never claim under due to another clause, and then when you tried to make a claim it was rejected as not covered. As such you think that since you can never claim under said policy you believe you have a right to a full refund of the unused policy.

[daveyonthemove]

I intend to give trading standards a call tomorrow.

If they refuse to honour the claim then I should get a refund on the grounds that my service history voids their policy. If they refuse a refund, then they should honour the claim.

Somehow I don't think it will be this simple.