MG TF - Used car warranty - what are my rights?

Honest John Back Room » Legal matters
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Tue 15 May 2012 18:20
MG TF - Used car warranty - what are my rights? - allendednerugby

I bought an MG TF in August 2011 and for peace of mind opted for a £290 12 month used car warranty with The Warranty Co. Recently, when checking the oil levels etc I noticed the coolant level had dropped considerably and there was sludge on the coolant cap. With my little knowledge of cars I suspected there may be a problem with the cylinder head gasket. I contacted the Warranty Company's recommended repairer (Halfords Autocentre) and booked my car in. They, in turn, contacted the Warranty Company who said the cylinder head would have to be removed for examination. I had to give authorisation for the stripdown, which I duly did. Within a few days the garage received a fax from the Warranty Company rejecting my claim on the basis that the fault had been caused by wear & tear. Upon checking the Warranty Handbook, it clearly states that wear and tear is excluded from the policy but do not define or provide any examples of "wear & tear" I also noted that when I took out the policy at the dealers premises, I was not offered a cooling off period. Having carefully checked the wording of their terms & conditions I would have been reluctant to take out a warranty that was so prejudiced against the consumer. Does anybody have any advice to offer on my rights?

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Tue 15 May 2012 19:02
MG TF - Used car warranty - what are my rights? - tony g
Hi,because you have owned the car for 9 months , I don't think you can make a claim against the dealer .

With regard to the warranty company you may be able to claim against them .The MGF range is fitted with k series engines which are notorious for head gasket failure ,I'm pretty certain that it's a design fault and that a modified head gasket is available .Other forum members will be able to confirm that .

The point is that wear and tear is less likely to be the issue ,it's the gasket design that's wrong .I think you need an expert opinion from a motor engineer ,then contact the warranty company again.Ultimately you can use the small claims court to pursue your claim .

Sorry forgot to ask how old is the mg and how many miles has it done ,does it have a full service history .

Regards


Tony g
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Tue 15 May 2012 21:40
MG TF - Used car warranty - what are my rights? - bonzo dog

Hi Allen, a few points if I may:

  1. head gasket problems are very common on MGTF
  2. You don't say what the actual diagnosis is
  3. or what the wear & tear in question is (may be able to offer more advice with this)
  4. In respect of the warranty in general, it may be that you are the policy holder in which case you did have cooling off rights (14 days to be precise)
  5. or it may be that the warranty is a contract between you & the dealership with The Warranty Co acting as their administrator, in which case this is not insurance & as such you have no such cooling off rights.
  6. I suspect it is the latter as you would have recieved lengthy documentation from the insurance co detailing your rights.
  7. If I were you I would obtain from The warranty Co IN WRITING exactly why they have declined the claim, then armed with this speak to the dealer & ask him for a contribution towards the costs
  8. or take the written rejection to a solicitor for more detailed (& probably better) advice

I'm not having a pop & genuinely feel for you but why did you not read the terms etc at the time & decide then that the warranty was "so prejudiced against the consumer"?

Edited by bonzo dog on 15/05/2012 at 21:41

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Wed 16 May 2012 21:34
MG TF - Used car warranty - what are my rights? - unthrottled

Whilst I wouldn't touch a warranty with a bargepole, I cannot see how a failed head gasket can be considered 'wear and tear'. It is not a serviceable item, Head gaskets can fail due to overheating (which is misuse on behalf of the driver) but that doesn't fall under the catagory of wear and tear!

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