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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Car Insurance Accident - Help Needed


moneydragon
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Hi moneydragon,

 

3 car shunts are always a bit messy to deal with. I

'm sure one of the claims gurus here will be able to go into more detail on the ins and outs of how it all works as claims isn't really my forté.

As i understand it, As your daughter was the cause of the claim, her insurers would pay out for the damage to all TP vehicles involved.

For the moment, all i would suggest you do is forward any correspondence to her insurers and let them deal with it all on her behalf. Ideally, she should have minimal involvement in the whole process.

 

Hope This Helps

 

 

DA

If you find the advice I give is useful, then please feel free to click the scales :)

 

"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt" :)

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  • 6 months later...
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The problem would appear to be Her word against the TP's. With no independant witnesses then sadly this may drag out for a while until either liability can be established or ultimatly this may go 50-50, which sadly is usually the case.

In regards to the insurer, i've not heard of gateway either but same as lemontwist i've heard of MMA. Bottom line is, you shouldn't have to keep chasing this, they should be acting on your behalf and dealing with all this for you.

Sounds like you may have a bit of an uphill battle but dont lose hope and just stand your ground, i'm sure you'll get there in the end.

 

Keep us posted.

 

DA

  • Haha 1

If you find the advice I give is useful, then please feel free to click the scales :)

 

"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt" :)

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  • 2 weeks later...

Brokers aren't really my area as i work for a direct insurer so hopefully one of the other gurus on here will be able to give better advice.

 

The principle is the same though, you have taken out a 12 month contract to insure the car against loss. The loss has occurred and therefore you are liable for the full premium for the contract as the insurer has held up their end by paying out on the claim. The fact you don't have a car is irrelevant I'm afraid. The policy will still remain in force as the idea is your daughter will use whatever settlement she gets to purchase a new car then transfer this onto the policy for the remainder of the contract.

 

The issue would appear to be (and this is where I'm a bit out of my depth) that the broker has paid the insurer in full for the cover and you are simply paying the broker back by monthly instalments. If that's the case, then the broker is within their rights to request the payment in full due to what i explained above.

 

 

Hope this makes sense

 

DA

If you find the advice I give is useful, then please feel free to click the scales :)

 

"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt" :)

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  • 3 weeks later...

There are two separate issues here that need to be addressed:

 

As i said before, if you've had a "fault" claim then the company is correct to request the rest of the premium for the year so I don't think you'll get very far in arguing this and i would consider paying them what you owe or perhaps seeing if they can deduct it from whatever settlement they give your daughter for her car.

 

I would definitely pursue the complaint with the claims department though cos you have received some shocking service!

Before going to the FOS, you need to have logged a formal complaint with the insurer and given them time to resolve it. If you haven't done this then the FOS will simply decline to act until you have.

 

Keep us updated

 

 

DA

If you find the advice I give is useful, then please feel free to click the scales :)

 

"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt" :)

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I cant find any policy documents online for gateway (I'm struggling to find out much information about them at all to be fair!) but i did manage to find a copy of the policy booklet for MMA who underwrite for Gateway so the terms and conditions should be very similar if not identical.

http://www.mma-insurance.com/MMA_Website/a/pdf/Private-Motor_Wording.pdf

 

Have a look at page 3, 3rd paragraph down.

 

I still maintain that you are liable for the outstanding balance and i would also go as far to say as this is probably why you are having so many issues with the claim as they wont move the claim forward until any outstanding issues on the policy have been resolved.

 

DA

If you find the advice I give is useful, then please feel free to click the scales :)

 

"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt" :)

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I'm not disputing that you've had lousy customer service, I'm simply pointing out that by digging your heels in regarding not paying the balance on the account then you may have exacerbated the situation, that's all.

 

In regards to fully comp cover giving more security, it does, to a certain extent.

The main difference is that if you damage your own car in some way (either vandalism, hitting a post or even hitting another car) then your car is repaired as well as the third parties. You also get cover for glass damage as well.

 

Chester is right, most insurers don't use claim forms any more, its all done over the phone.

This is how i see your situation at the moment:

Gateway are dealing with the third party claim (they're obliged to under the RTA) and are holding off dealing with your daughters claim until the debt on the policy is settled.

You're complaining, quite rightly, about the "service" you have received but are also refusing to pay the debt on the account, therefore holding up the claim which you are complaining about in the first place.

 

I cant really see any other solution to this other than to pay the balance, let them deal with the claim and then taking this up as a formal complaint with their customer relations debt and even the FOS if it comes to it.

 

 

DA

If you find the advice I give is useful, then please feel free to click the scales :)

 

"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt" :)

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