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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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Churchill Insurance - Car Right off


c.kent
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Hello,

 

My car was recently stolen and in the process the car was so badly damaged the insurance company have declared it a right off. They have agreed a settlement figure. However, to my dismay, they have now told me that I have to carry on paying the monthly insurance premium (even though I am now without my car) until October when the insurance would have been due for renewal!!!! Surely they cant expect me to carry on paying insurance premium for a car I no longer have? Any advice would be appreciated.

 

C. Kent

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I used to get this a lot when I worked in insurance. You have a contract which will pay you should certain events happen (the events covered on the policy). That is the insurer's part of the bargain. Your part of the bargain is to pay the insurer the cost of the policy - that is, the premium. he insurer has fulfilled its part of the bargain and now expects you to do the same. The fact that you pay monthly makes no difference - that is just a method of payment.

 

Its a while since I last worked in insurance, so practice may have changed, but we used to put the policy on suspension. If you bought another car, you could put that on the policy and the premiums are adjusted accordingly - so if you do get another car, you should be able to simply change the policy to cover it. Like I said - it was a while and things may have changed.

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Becasue the policy covered you for a full year. As I said, paying monthly is just a method of payment. If you had paid all in one go you would not be entitled to a refund. The insurer's side is, if within a years period something happens to your car, they will pay money to fix it (or pay its value if unfixable). The cost of this is the premium they quoted you. You are not paying for a months cover at a time - you are paying for a whole year in monthly installments.

 

Put it this way. If I bought a stereo off you and we agreed that I would pay you in monthly instalments, would you be happy if I refused to pay you because I broke it 1 month later? (I would hope not!) The same prinicple applies here.

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Hi, yes, point taken. I suppose I am so aggrieved that I have had my car stolen, written off, lost two years of my no claims bonus and now have to carry on clearing the insurance debt, when the hoodie who wrecked my car is now out and about again and not paid one penny towards all the upset, frustration and financial loss I have incurred!

 

Many thanks for all your replies.

 

C. Kent

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I'm so sorry - I hated (and still do) having to tell people what I have said to you - it does seem unfair on the face of things, but insurers are so concerned on selling their policies and their benefits that few if any highlight the "cons". I'm qualified in insurance matters, so to me it is common sense, but my experience tells me few are aware of such situations.

 

It is horrible - hopefully the little git will get run over or something equally nasty. Like I said, if you do get another car - you have a policy ready and waiting for it to be put on.

 

Hope things get better.

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