Our car alarm goes off every night because it wasn't fixed properly after an accident - what do we do?

Both doors were replaced on our 2013 Ford C Max and now the alarm keeps going off at night. We get error messages for child lock malfunction, service required, drivers back door open (then the door jams shut). Eventually when the messages are cleared you can open it. Both doors on the driver's side were replaced under insurance one year ago after an accident that wasn't my fault. It has been back numerous times and seems to be okay for a few days, then starts again. They are now saying that some original parts were salvaged from the doors and these could be the issue due to wear and tear on the mechanism, plus they are suggesting a new battery. We're at our wits end now as the alarm goes off every night and we have to get in the car to reset it. The insurance company and Ford seem to be not accepting responsibility and we are left with a substandard repair. Quite often we leave it open and blocked in on the drive to get a good nights sleep. Is there an ombudsman we can go to?

Asked on 28 July 2017 by Joanne White

Answered by Tim Kelly
As the claim was a result of someone else's negligence, then your lawful entitlement is here. www.honestjohn.co.uk/insurance/coles-v-hetherton-w.../ Your insurer is bound by law under the Financial Service And Markets Act 2000 under a section ICOBS 8.3.3 www.handbook.fca.org.uk/handbook/ICOBS/8/3.html They cannot act in conflict to your lawful interest, i.e. Coles-v-Hetherton. You should be put back to the same situation as to what you were in prior to the loss occurring.

From your point of view, your car should have not faults, it should be fixed correctly. Your first port of call is to advise your insurer that you're rejecting goods and services under the 2015 Consumer Act and they, as the agents authorising repair, are liable. You have provided them the opportunity to rectify and that if they do not you will get the car fixed and take them to court. There is the option of taking the complaint through the insurers first and then via the Financial Ombudsman Service: www.financial-ombudsman.org.uk/consumer/complaints...m

In both cases, i.e. court or FOS, I would suggest having the vehicle inspected by a member of the IAEA and have them evidence the faults with the vehicle. It's important you have a qualified engineer inspect who provides a court compliant CPR35 document to evidence the issue. You can contact the IAEA (Institute of Automotive Engineer Assessors) here: www.iaea-online.org/find-an-engineer/ I suggest you also contact the Ford press department on Twitter.
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