found this text at the end of a long thread about the same subject on another forum. There are messages going over a 5 month period so i'll just include the conclusion from the thread. This is from another forum and NOT my own experiences, but some of you may get some hope from it.

Havent been on the site for ages,so heres an update,my friend (as above)reported carcraft to the FO,who replied saying they would look into her case,last saturday she rec a letter from carcraft"cancelling" her warranty""as requested""!!!!This was after lodging a formal complaint against them,having rec approx 10 "give us our money "letters from them,visits from debt collectors,the lot!!!She sent the FO all the correspondance between herself and carcraft,and after nearly 5 months of stress and worry carcraft finally decided to cancel this worthless piece of c***,the diff between yourself and my friend is that she was unaware that she had the warranty,and her case was that she was mis-sold this.The FO told my friend that they had over 1000 complaints against carcraft,and so her case would take some time to resolve,In the letter she rec on sat carcraft asked her to withdraw her complaint against them now this matter had been settled!!From reading on this site no one is happy with the warranty,which appears to cover virtually sod all anyway!!!keep complaining !!!!

seems the FO (financial onbudsman) , contrary to what NAC and carcraft are trying to tell everybody, CAN and WILL get involved if necessary, and trading standards are looking into it too.

welshjemz:

If you have taken the guarantee on finance it doesn't have a cancellation option as you have entered into a legally binding conract with the finance company to pay that amount, Carcraft offer a 30 day coolling off period on the product as a gesture of goodwill. If you are outside this you aren't able to cancel the policy but if selling car can sell it to the new owner and transfer the policy.

Also, it is a guarantee not a warranty so isn't classed as a financial insurance product ad as such wouldn't be governed by the FSA or Financial Ombudsman but there is an appeals procedure within the policy if you aren't happy with any aspect of it

yes, but you would say that wouldnt you, what with you working for carcraft and all that.

Has anyone got some IMPARTIAL advice on this yet?

i was under the impression that there was no such thing as a "you cannot cancel this agreement" clause, even though every piece of paperwork i've ever seen has got it written there somewhere, the credit acts almost ALWAYS have some get out clauses built in.

The paperwork declares specifically that if you have recieved unsatisfactory good or services under the aggreement you may have the right to sue them....that could be an option, but not an easy one.

alternatively, they WILL be convered by SOME sort of financial ombudsman surely....nobody can have a financial agreement based business and NOT be regulated by ANYONE....its a matter of finding out who...

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I purchased my car on the 14/04/08 from carcraft and was bullied into signing policies for payment protection and NAC.

I called and cancelled on the 20th the NAC and was told that it had been cancelled. On the 2nd of May I recieved a missed call from Carcraft and returned this on the 4th stating I also wanted to cancel the payment protection.

However much to my shock when calling the finance comapny to recieve a settlement figure I have discovered that the payment protection has been cancelled and not the NAC.

I have contacted carcraft who are denying records of me cancelling and will not pay out. Now they seem to say they will call me back and never contact me.

Has anyone else had any experiences like this as I will be taking legal action against car craft and appreciate any other stories.

Hi ,

I bought an E class Merc from Carcraft the person who sold it to me said that you will be confirmed a loan if you took a warranty with NAC and so I took the warranty for the 5 years I took the loan .

I took my car in 2 months back with a knocking sound in the front suspension this was during a full premium service . They dismissed it saying it was nothing and the mechanics could not find a fault .

I took my car for a MOT last week and they said the car failed the MOT as the OSF trailer arm was faulty in the front right side and NAC would not cover it as it had wear and tear on it .

I called Carcraft and I have got the same answer ,I have had to move funds from my childs savings for this now and further more they are not going to payout foranything as they can always say Wear and Tear . I have paperwork from Carcraft saying that my car was in good condition 2 months ago ,do you think it will have any bearing on this issue ,should I go to trading standards ?

FredKW - What happened with this in the end?? I bought my car 2 years ago, and since I was doing a fair few miles (30k in the first year) I opted to take the NAC guarantee (at a cost of £1800 on top of the finance) on the understanding that it was an UNLIMITED MILEAGE warranty (it actually states warranty on the info pack too!). It broke down the other day with a knackered alternator I'm now £200 out of pocket and typically NAC quoted it as wear and tear!! I'm really peeved I figured this warranty would give me the peace of mind but now I feel just like everyone else who's posted here and I'm stuck with a policy that I can't get a refund for but worse I don't think I'll EVER be able to make a claim since they'll always quote wear and tear because of (and I quote) "...the age and mileage of the car..." - well it aint gonna get any newer and the mileage aint gonna decrease either!!!!

I am going for them under the Unfair Terms in Consumer Contracts Regulations 1999. Clause 8 of the terms and conditions is unfair within the meaning of the regulations.

The guidance document Unfair Standard Terms produced by the Office of Fair Trading, which can be downloaded from their web site, states that

Terms disclaiming liability by conferring unsatisfactory guarantee rights

Eg, we will repair or replace (at our option) any item found faulty within three months

are unfair.

This is an alternative way of stating Clause 8 of the NAC terms and conditions.

Have only just started the claim but I have been advised by my solicitor to go to the trading standards department if I get no joy from Carcraft.

kate33:Just tried to call Carcraft the people whose policy it is we took out. Been told we cannot cancel unless we settle early which will cost approx £900! If we continue with the policy it will cost us £1500 with interest. Is there anything we can do? They were completely unhelpful and rude on the phone so wondering how i can take this higher and if we have any rights. My husband had no idea at the time how much it would cost in total and that we could not cancel it. Any help really appreciated. Thanks. Kate

If you have taken the guarantee on finance it doesn't have a cancellation option as you have entered into a legally binding conract with the finance company to pay that amount, Carcraft offer a 30 day coolling off period on the product as a gesture of goodwill. If you are outside this you aren't able to cancel the policy but if selling car can sell it to the new owner and transfer the policy.

 Also, it is a guarantee not a warranty so isn't classed as a financial insurance product ad as such wouldn't be governed by the FSA or Financial Ombudsman but there is an appeals procedure within the policy if you aren't happy with any aspect of it
 

Kate,

I e-mailed Watchdog to today think it would worth someone else telling them about this company, I thought I was the only one so maybe they thought it was not worth answering - What do you think

Jean

consumer helpline

• 0845 080 1800
• complaint.info AT financial-ombudsman.org.uk

postal address

The Financial Ombudsman Service
South Quay Plaza
183 Marsh Wall
London E14 9SR

 

Hi Jean

Just found this on the financial ombudsman website, i will call in the morning, maybe you can do the same? See if either of us has any luck! Good luck!

Hi god its just awful isnt it. My friend has advised me to contact the financial ombudsman so may try that as im so annoyed about it all! So frustrating as you feel you are banging your head against a brick wall. Wonder if going to Watchdog would have any effect for you? £1700 is not a small amount of money and if you have tried everything it may be worth a shot. Im going to try and get a phone number or an address for the financial ombsudman. If i get anywhere i will let you know.

Kate

We also bought our car from Carcraft, like you say so rude on the phone I spoke to a young man who was so indifferent with me.   I wrote to Carcraft in Rochdale their Head Office and guess what heard nothing at all.

My husband had a major stroke so am dealing with this on my own, any advise from anyone would be most helpful

Jean

 

 

 Hi Kate,

About NAC, I too have had a bad experience with this company we also, bought a car in 2005 and you cannot cancel it.   We were completely miss sold it, as we did not know it was finance and that if you cancel you have to fiinish it, in our case £1700 as we took it for 5 years.

 The paying up front is a nonsence, as you say - why is this .  We pay £58-87 per month we are both pensioners and feel very upset that we find ourselves in this postion where you cannot get out of it.

 I have just put our car in, the item was covered in the warranty and the garage I took it too said there was no qustion that it was not covered.  They told me last week not to drive the car as the bearing could collapse anytime, so we did as advised and did not drive the car until today just to take it in.   NAC declined the claim as due to wear & tear, but said if it had collapsed and we were driving it (dangerous or what) that would have been different.   It seems to be the biggest scam I have ever seen.   You cannot cancel it, and the dont pay when its in the warrant - guess the word wear & tear they can use all the time and never pay out

 Jean

kate --- Definitely take all the papers to them for their professional opinion and advice, because in my opinion they can't force you to take out the warranties firstly, or stop you cancelling either. As you say £1500 for nothing, it's not worth the paper it's written on as it is not suitable because repairers do not want to deal with it, that was your original intention in buying it, and it does not deliver the protection it wrongly advertises anyway.

Like I mentioned earlier a contract works both ways and if it does not say you can't cancel, then they have no footings to stop you from cancelling it. They can't just make the rules up as they go along or a contract wouldn't be needed in the first place, even then the terms are legally required to be fair.

P.S. Keep us posted on how you get along.

Hi thanks for your response. Im not sure how it works as the NAC policy is set out in almost a leaflet which says nothing about cancellation at all. However as the policy is paid out alongside the car loan there is a different document so it may say more in that about it but it does not seem to specifically relate to the warranty only the car loan. The car said we had a 30 day cooling off period which we did not know about either. I tried to take it to CAB on friday but it was shut so i need to go back again next week. Thanks for your help on this, starting to despair about what to do, £1500 seems alot of money when alot of garages do not even want to use the warranties anymore as they wont pay up. Thanks for your help!

he said that there is no proof of this so there is nothing we can do!

Hi kate ---  Typical BS answer that you would expect from them, seeing as they have a vested interest in you carrying on paying. You have never made a claim of course you can cancel it, the same way you can cancel any insurance, it will be in the T&C's if it's not then it's an unfair contract.

****Does it specifically say that you can't cancel it then, in the terms and conditions ? **** I would like to add to the quote above.

 I urge you to take the warranty documents to your local Citizens advice where I think you will get a nice surprise in your favour, and they may even write to Carcraft on your behalf.