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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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ncb certificate question?


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I sent my proof of no claims to direct line about 10days ago, I have now found a cheaper policy, as I have 14 days to cancel this should be no problem,

 

my question is will they just send me my old proof of ncb back or issue me a new one from them?

 

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Hiya, Direct line have no obligation to provide written proof of NCD as you technically havent been insured by them if you cancel in the 14 day period. You need the proof you sent in to them returned to you or ask your last insurer to send you another confirmation letter.

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Not entirely sure what DL do with the letter. Different companies have different procedures. At my own company we update the system with last insurer and correct NCB then use secure disposal. DL may keep them on file.

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Just a word of advice - before you switch, make sure that the new policy offers an equivalent or superior level of cover compared to the one you are cancelling. You have to be careful about this, especially if you used a price comparison site to find the new policy - they don't compare like with like. For example, some insurers impose higher excesses than others.

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Do they keep hold of the proof of ncb I send them then?

 

If its been received then it is automatically scanned onto our system and then the original is destroyed.

 

As previsouly stated, as you cancelled within the 14 day cooling off period, it is as if the cover never existed as the policy is cancelled back to inception.

If you call in to our customer services dept then we can arrange for a letter to be sent confirming this should you need it.

 

DA

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If its been received then it is automatically scanned onto our system and then the original is destroyed.

 

As previsouly stated, as you cancelled within the 14 day cooling off period, it is as if the cover never existed as the policy is cancelled back to inception.

If you call in to our customer services dept then we can arrange for a letter to be sent confirming this should you need it.

 

DA

 

so direct line would send me a letter confirming my ncb? Or would it be best to stay with them for a month (ie cancel on the 15th day) to get a certificate? What would be the penalty?

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If you're gona cancel then do it within the 14 days so you get a full refund, if you cancel outside of this then cancelation charge is pro rata + 1 month.

See what the new insurer wants in regards to proof of bonus, they may just accept a letter from your last insurer, which you can easily request from then again. IF they need something from direct line then just call our CSD and they can arrange for a letter to be sent stating something like

" policy number 12345678 was set up on the 1st april 2008, proof of X years NCD was received on 10th april 2008 however the policy was then cancelled from inception"

 

that should cover all bases.

 

 

DA

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No worries mate.

If you need anything else just let us know.

 

DA

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  • 2 weeks later...

DA - are you sure the policies are cancelled Ab Initio if you request cancellation within the 14 days cooling off period as then a policyholder would have been driving uninsured for that period of time.

Cahoot - Rejection of offer sent 14/06/07

 

Barclaycard - S.A.R - (Subject Access Request) sent 22/03/07

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DA - are you sure the policies are cancelled Ab Initio if you request cancellation within the 14 days cooling off period as then a policyholder would have been driving uninsured for that period of time.

 

Yes.

 

All RBS Insurance policies are the same. If its within the first 14 days then it is backdated to inception and a full return is given. if its outside the 14 day cooling off period then the maximum we can backdate is 6 days.

 

DA

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I find that a bit worrying and confusing - I thought the Road Traffic Act doesn't allow the cancellation of compulsory motor insurance to be backdated? What would happen if a third party claimaint suddenly came along, alleging that the driver had caused an accident at some point within the 14 day period?

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Agree with LemonTwist, cancellation cannot be backdated for motor insurance. Is it not a case that the policy can be cancelled within 14 days and DL will not make extortionate cancellation charges, just pro-rata and a nominal service charge.

If an incident occurred in that period, DL would certainly be liable as RTA insurers - no wonder they are up for sale if that's where all their reserves are going !!!!

 

In answer to the original question, DL would need to issue the bonus proof.

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Agree with LemonTwist, cancellation cannot be backdated for motor insurance. Is it not a case that the policy can be cancelled within 14 days and DL will not make extortionate cancellation charges, just pro-rata and a nominal service charge.

If an incident occurred in that period, DL would certainly be liable as RTA insurers - no wonder they are up for sale if that's where all their reserves are going !!!!

 

In answer to the original question, DL would need to issue the bonus proof.

 

 

Whether we can or we can't I'm simply stating a fact that we DO.

 

Just to clarify again..... ALL RBS BRANDED POLICIES (Direct Line, Churchill, Tesco, Pru, Lloyd's, Privilege, Pearl, Royal London etc. etc.) have the same process. If its within the first 14 days then the policy is cancelled back to inception and a full RP is given. If its outside this period then we can only backdate a cancellation by a maximum of 6 days.

 

Obviously when we cancel a policy we ask if there has been any cause for claim and we check if the policy holder has alternate cover (they usually cancel cos they've found a cheaper quote) we also make them aware that its an offence under the RTA to leave a vehicle in a public place without a valid cert of insurance.

 

Hope that clears this up

 

 

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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But doesn't that leave the possibility that a customer could, in certain circumstances, be prosecuted for no insurance and is certainly something that RBS should resolve?

Cahoot - Rejection of offer sent 14/06/07

 

Barclaycard - S.A.R - (Subject Access Request) sent 22/03/07

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But doesn't that leave the possibility that a customer could, in certain circumstances, be prosecuted for no insurance and is certainly something that RBS should resolve?

 

 

Don't get me wrong, if it were down to me, i would charge for time on risk for the same reasons as you all state.

I was simply clarifying our processes as trojan1401 and lemontwist both queried it and whether i agree or not, that is the process that is laid out for our staff to follow.

 

Perhaps whoever buys us will address it but I cant see it changing any time soon as this has always been the stance since the FSA took over regulation a few years back and even our new scripts which came out in Feb have this info on them. I will see if I can find out more info when I'm back in work tomorrow and post back when I get a chance.

 

 

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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