Dealer Negligence negated my insurance for 12 months.... What action to take

[Blackmore Spur]

I picked up new A6 S Line in January 2012. Included in spec as per sales invoice was installation of cobra tracker.

I am renewing my insurance and decided to shop around ..... Audi Insurance through Allianz absolutely shocking, do not touch them with barge pole, happy to share in another post.

New insurers asked me for details of tracker but dealer had not provided any details beyond sales patter and a line on the invoice. Audi dealer would not return my calls, turned out sales man who sold me car had left, no one interested in checking Tracker details.

In the end I phoned Cobra who confirmed a tracker was fitted but dealer had not activated it; therefore I have not been driving around for 12 months without what I paid for. Worst of all as the tracker was not activated, in the event of a major loss, it was highly unlikely insurer would not pay out.

New insurer confirmed this would be likely scenario... Haven't told old insurer!!

I am absolutely furious and would welcome advice on how to proceed

[belly buster]

Insurers don't always get the best rap, but I think if you have purchased the item and through no fault of your own it wasn't working (for which there can be many reasons) I highly doubt they would refuse to pay out.

[fat controller]

I'd be inclined to speak to or email the dealer principle at the Audi dealer first of all, and see if a swift and amicable solution can be arrived at (namely activation of the tracker). Failing that, you are most likely going to be into small claims court territory to recover the activation cost and any subsequent increased insurance premium costs until such times as the tracker is activated (plus legal costs of course).

I don't think that Audi would be interested, as its not one of their products - Cobra may be interested though, as the dealer has clearly sold one of their products (and potentially many more) without proper activation; at the least this could damage Cobra's reputation.

[Phutters]

I am absolutely furious and would welcome advice on how to proceed

I can understand why you are miffed, but you can't change what's already happened.

I had a bit of trouble with the double negatives in this paragraph:

'In the end I phoned Cobra who confirmed a tracker was fitted but dealer had not activated it; therefore I have not been driving around for 12 months without what I paid for. Worst of all as the tracker was not activated, in the event of a major loss, it was highly unlikely insurer would not pay out.'

but if I read it correctly, you are no worse off than you were a year ago other than having a non-activated tracker.

Presumably the premium you paid a year ago took the installation of a fully-functioning tracker into account, so you haven't paid more than you should have.

As luck would have it you haven't needed to claim in the past year, so you haven't been inconvenienced in that regard either. Sure, you might have had to claim, and your insurers may well have not paid out, but neither of those things actually happened.

I accept that you have spent the past year under the assumption - quite rightly - that you were driving a car with a working tracker, but you are where you are, and you can only go forward from here.

Since you haven't suffered any actual loss of any kind, can you not just get the tracker activated and renew your insurance?

Other than making you feel better about someone else's dereliction of responsibility in not having activated the tracker, is there much to be gained by seeking any other kind of recompense?

If I were you, I'd dash off a stiffly-worded letter to an appropriate Audi person and expect a fulsome apology in return.

That'd make me feel better, I reckon.

I'd also be grateful that I didn't pause to tie my shoelaces underneath a falling grand piano at any time in the past year while making sure I was wearing some suitably sturdy headgear for the forthcoming one.

[Blackmore Spur]

Apology for the offending "not" and double negative.... but assume the key message is decipherable to all.

I have to disagree with last message; if I take out insurance I expect the level of cover that I have paid for. I paid in good faith for tracker coverage for 12 months, which is in my mind was a form of insurance. Audi took my money but did not provide the service and their actions put my auto insurance at risk in the event of a major claim. Under the sale of goods act I am entitled to receive goods and services I have paid for.

I do not accept Audi are anything other than negligent in failing to provide the goods I paid for and the fact I haven't had to claim is an irrelevance.

I have contacted the Sales Manager who is calling me back Monday... Will keep you all posted

[OddBallBoy]

Don't blame you being annoyed but you can do little about the last 12 months, particularly as the offending salesman is no longer with Audi. However, I would certainly be pressing for the supplying dealer to activate the tracker and pay for the next 12 months. Bearing in mind you have not suffered any loss as such (yes, I do take your point about possible insurance implications for the past 12 months but they are 'past'), you will actually come out of it better off in the long run if the dealership pays for the activation and the next 12 months; you've had 12 months paying a lowered insurance premium because they thought you had a tracker and the next 12 months will be lower because you will have an active tracker. Play the disappointed customer who will never go back to Audi for a new car as a result of this well enough and they may even chuck you a new set of floor mats as a sweetener!

[Phutters]

Apology for the offending "not" and double negative.... but assume the key message is decipherable to all.

Nit-picking your syntax wasn't the object of the exercise, and I apologise if you thought it was.

We'll have to agree to disagree over the way forward, but I am interested to know what kind of reparation you are expecting from Audi.

You must have some notion as to what it'll take to smooth your ruffled feathers - and I do understand why they are ruffled.

[Blackmore Spur]

Wise words from you both and now my ire has subsided, as you say I am limited in what I can expect..... But worth a try and getting them to pay for this year. It's just so irritating and shoddy.

Their attitude was summed up by a friend who recently took delivery of a Q5 after much delay..... Seats and other things were wrong; their response was to say give it back, we'll have no trouble selling it!

This is by no means the first issue I have had and sadly exemplifies my poor experiences dealing with Audi as a first time customer. The car is the most amazing well constructed piece of "beautiful" technology... But as things stand I don't think I am very unlikely to be a repeat customer

[a8toa6convert]

the fact I haven't had to claim is an irrelevance.

It's highly relevant. If you are actually interested in the legal position, rather than just letting off steam, then the word you're missing here is "causation". What loss has the Audi dealer's breach of contract caused you ? You need to be clear about that if you're thinking taking it any further than a goodwill settlement with the Audi dealer.

[a8toa6convert]

Sorry Blackmore - may have edited my own post after you responded: was trying to be terser, but not trying to be mean !