Momentum Warranties Ltd Customer Service/Complaints Department King James VI Business Centre Friarton Road Perth PH2 To whom it may concern, I am writing to address several concerns regarding the services provided by Momentum Warranties, as outlined under the Consumer Rights Act 2015. Specifically, I would like to bring attention to the following points: Despite my initial communication, it appears that my concerns were not adequately addressed in the dismissal of my complaint. Furthermore, this is an additional com-pliant. With further questions and costs which was Advised to me by the Citizen advice bureau Reasonable Care & Skill: • I believe that the services rendered by Momentum Warranties did not meet the standard of reasonable care and skill as outlined in the Consumer Rights Act 2015. Right to Repair or Replacement: • I assert my right to have the option for repair or replacement of the faulty service provided, in accordance with the Consumer Rights Act 2015. Right to Price Reduction of 100%: • I am exercising my right to request a price reduction of 100% due to the failure of the services provided by Momentum Warranties. Burden of Proof on Momentum Warranties: • I would like to remind Momentum Warranties of their obligation to bear the burden of proof in demonstrating that the services provided met the required standards. Breach of Contract/Service Agreed: • I contend that there has been a breach of contract regarding the agreed-upon services, and I am seeking resolution in accordance with the terms of the contract. • In December 2022, you agreed to the following Service Agreement: • Standard Platinum To cover costs, repairs, and to provide parts & labour cover. • To include the Cooling System, Oil Coolant System, Head Gasket, and Diagnostics. • On my request for advice and information on appropriate garages for repair, in accordance with Mo-mentum's plan benefits: • Momentum has the right to seek independent advice if there is any doubt regarding the diagnostics and evidence provided by a third-party garage. • The service agreement also covers Continental use, and Momentum agrees to a repair from a third-party garage with confidence. • We agreed that the repairs would be completed as soon as possible, with the current cost standing at £4,950, for which I am requesting a 100% reduction. Misdiagnosis of a coolant issue by the garage (Lipscomb, Maidstone), wherein the radiator was replaced to resolve the issue. Momentum warranties agreed with the garage to carry out the works, with evidence of the fault provided through a clear photograph of the radiator, supported by diagnostics and verbal communication between a technical engineer within both Lipscomb and Momentum. Unfortunately, the fault was not rectified after the replacement of the radiator, and the issue with the coolant system persisted. Due to a lack of confidence in Lipscomb's ability to resolve the problem, the following decisions and ac-tions were taken: A decision was made to explore an alternative garage (Kinghams of Croyden) with a lower labour rate (£95 per hour) compared to Lipscomb's rate of £170 per hour. This decision was discussed and agreed upon by two different advisors from Momentum. Both advisors acknowledged that Lipscomb's hourly rate was very high, and finding an alternative garage with a more cost-effective labour rate would be in line with the Momentum warranty terms and conditions. The dealership were notified via email to contact Momentum on receipt of the vehicle. The car arrived no later than 01/07/2023 During these discussions, no alternative garage or the option of using an independent technician to ad-dress the car issue was suggested. Furthermore, no specific time for filing a claim was discussed or com-municated. • It was collectively determined that opting for an alternative garage would be financially ben-eficial for both parties to resolve the issue... Unfortunately, the chosen alternative garage (Kinghams) did not possess the necessary equipment to carry out the repairs, despite being provided with a comprehensive history of the car's issues and ex-pressing an initial willingness to help. • The car arrived at xxxxx on the xxxxx date. After persistent fol-low-ups with the garage, I was informed that they lacked the expertise and equipment to resolve the is-sue. They recommended another garage, but upon contacting them, I discovered that they couldn't schedule the car for another two months. • Eventually, I found an alternative garage that was able to address the issue. • It was decided that the car would be towed to Deens of Hampton on [no later than 16/08/2023 based on the fact that the garage is an Alfa Romeo specialist. The garage was instructed to immediately contact Momentum to confirm the receipt of the car and to discuss diagnostics as soon as possible. Email evidence has been provided to Momentum Warranties. After a period of [xxxx], the diagnosis was that a new oil filter system was the cause of the problem and would cost £1,800. Momentum has an invoice for the works. The garage subsequently contacted Mo-mentum to discuss before commencing work. However, the diagnostics and claim were rejected by Mo-mentum with no apparent reason given. Therefore, I had no option but to pay for the repair myself. I discussed this issue with Momentum and was told that the claim was rejected due to a period of 30 days elapsing to make a claim. As I clearly indicated, I have given this responsibility to the garages in question to make contact with Momentum." Seeking advice from Momentums National Network of Mechanics and Garages yielded no helpful infor-mation. Obligations and Rejections in Conjunction with Terms and Conditions Not Met by Momentum Warran-ties and not answered from previous complaint. 1. 30-Day Deadline for Claim Submission: Necessary information and proof for the claim were provided within the specified timeframe. Requested Personal Data Access to Third-Party Garages:. Request was made, but access was declined by yourselves Missing Recorded Telephone Calls: • Calls containing evidence of mishandling of the claim are miss-ing.FOR SAR Confirmation of Obligations Under the Plan: • Seeking confirmation that all obligations under the plan have been met. Allegations of manufacturers recall: • .Examination Request by Momentum at Your Cost: • Momentum is requesting an examination of the car by an independent expert, with the cost to be borne by you. Misdiagnosis by Original Repairer: • The original repairer classifies the issue as a misdiagnosis. I am writ-ing to formally express my dissatisfaction and submit a complaint regarding the misdiagnosis of my vehi-cle by Lipscomb & Momentum Warranties. The original misdiagnosis has led to a series of unfortunate but preventable events, resulting in substan-tial financial burdens for myself and a car that remains unfit for road use, with additional faults emerging. As per the free legal advice received, I would like to bring to your attention the following claims, each representing a distinct aspect of the issues arising from the misdiagnosis: 1. Damages 2. Consequential Losses 3. Third-Party Repairs 4. Out-of-Pocket Expenses 5. Unnecessary Distress Claims Details: • Damages: £1,800.00 for a misdiagnosed new radiator • Consequential Losses: £1,800.00 for a rejected claim for a new oil coolant • Third-Party Repairs: £550.00 reimbursement of Momen-tum Warranty • Out-of-Pocket Expenses: £800.00 for towing charges Total Cost of Claim: £4,950.00 Proposed Resolution: I have been advised that I am entitled to a 100% price reduc-tion. Alternatively, I propose an alternative solution, wherein Momentum pay for the parts, labour, and instal-lation of a new head gasket, with a total cost of £5,500.00, provided Momentum agrees to designate the repair garage. And request the car be examined by an independent expert at your cost. Alternative Dispute Res-solution: If an agreement cannot be reached through the proposed solutions, I am open to engaging in an alternative dispute resolution scheme to expedite the resolution process. Re-sponse Deadline: I kindly request that you respond to this letter within 14 days of receipt. Failure to respond or remedy the situation within this timeframe will leave me with no option but to consider escalating the matter further. I trust that this matter will be resolved promptly and amicably. Yours Sincerely Romeo Izzo
4 months ago
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