Tweet
In May 2012 I made a claim under my Key Insurance for lost keys for my MGB.
Insurance Co. instructed locksmiths who attended.
They spent 2.5 hours trying to take steering lock/ ignition switch apart.
They failed and agreed to replace the item.
Whilst awaiting delivery of the replacement I discovered the locksmiths had, in the course of their exertions, damaged the steering column.
When they delivered the replacement part I refused them access to fit it, as repairs to the column needed to be carried out first.
I subsequently repaired the column and fitted the new lock/ ignition switch
7 months later (Christmas day 2012) the switch failed, and in doing so destroyed the starter motor.
I reported it to the Ins. Co., whose attitude was "tough, you had the part for 6 months"; "take it up with the suppliers" and completely ignored Supply of Goods and Services Act.
Complained to FOS, and now wonder why I bothered.
The person responsible for finding in favour of the Ins Co admitted to me he knew nothing about the workings of any automotive parts, but he did accept that a lock should last longer than 7 months.
However the jewel in his crown was this paragraph from his letter:
"In my opinion, without any evidence that the lock has failed due to poor workmanship by the locksmiths when they first attended, Ageas cannot be held liable. As you did not allow the locksmiths access to your car to fit the lock, you were not given a warranty and therefore I cannot recommend that Ageas compensate you for the loss"
I have responded by pointing out, among other things,
1) I did not suggest the lock had failed due to poor workmanship when locksmiths first attended, but that they had damaged the vehicle. The failed lock/switch was not present at that time.
2)When the lock was delivered I did not allow the locksmiths to fit it as I still had to make good the damage they had caused on their first visit (and there was no way I was letting them near it again!)
3)I was not concerned about a warranty, which was probably only available to the original purchaser and is additional to statutory consumer protection
4) Ageas supplied goods which were not of satisfactory quality, and I referred FOS to the Supply of Goods and Services Act 1982, especially Part 1 Supply of Goods Provision 4 Implied Terms about Quality or fitness.
I suppose I now have to wait another 3 months while it is referred up through the system, or should I just go for County Court?
Originally I would have settled for the cost of a new lock/switch and starter motor (about £150)
but have now escalated the claim to approx £400, to take into account my time repairing the vehicle,cost of experts reports and the time it was not available for use.
Insurance Co. instructed locksmiths who attended.
They spent 2.5 hours trying to take steering lock/ ignition switch apart.
They failed and agreed to replace the item.
Whilst awaiting delivery of the replacement I discovered the locksmiths had, in the course of their exertions, damaged the steering column.
When they delivered the replacement part I refused them access to fit it, as repairs to the column needed to be carried out first.
I subsequently repaired the column and fitted the new lock/ ignition switch
7 months later (Christmas day 2012) the switch failed, and in doing so destroyed the starter motor.
I reported it to the Ins. Co., whose attitude was "tough, you had the part for 6 months"; "take it up with the suppliers" and completely ignored Supply of Goods and Services Act.
Complained to FOS, and now wonder why I bothered.
The person responsible for finding in favour of the Ins Co admitted to me he knew nothing about the workings of any automotive parts, but he did accept that a lock should last longer than 7 months.
However the jewel in his crown was this paragraph from his letter:
"In my opinion, without any evidence that the lock has failed due to poor workmanship by the locksmiths when they first attended, Ageas cannot be held liable. As you did not allow the locksmiths access to your car to fit the lock, you were not given a warranty and therefore I cannot recommend that Ageas compensate you for the loss"
I have responded by pointing out, among other things,
1) I did not suggest the lock had failed due to poor workmanship when locksmiths first attended, but that they had damaged the vehicle. The failed lock/switch was not present at that time.
2)When the lock was delivered I did not allow the locksmiths to fit it as I still had to make good the damage they had caused on their first visit (and there was no way I was letting them near it again!)
3)I was not concerned about a warranty, which was probably only available to the original purchaser and is additional to statutory consumer protection
4) Ageas supplied goods which were not of satisfactory quality, and I referred FOS to the Supply of Goods and Services Act 1982, especially Part 1 Supply of Goods Provision 4 Implied Terms about Quality or fitness.
I suppose I now have to wait another 3 months while it is referred up through the system, or should I just go for County Court?
Originally I would have settled for the cost of a new lock/switch and starter motor (about £150)
but have now escalated the claim to approx £400, to take into account my time repairing the vehicle,cost of experts reports and the time it was not available for use.
Comment