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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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Royal Mail Hit My Car - And Failed To Stop!!!!


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Ask (in writing not phone) Sheila's Wheels for a written explanation why you are been asked to pay an additional premium when you had disclosed ALL material facts at time of proposal.

 

At the same time emphasise that this CLAIM made by you was not a claim it was a notification of involvement in an accident and no claim was made against you or by you, and as such you would like a written explanation as to why they are penalising you for it subsequent to inception.

 

When you have their response post back

 

Mossy

Edited by Mossycat
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Andie - Mossy is trying to help. I think the question asked was reasonable and quite clear. Insurance is frustrating to many and understood properly by fewer still.

 

Some questions may seem daft or irrelevant at face value but slight differences can mean a lot :)

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I appreciate that Gyzmo but on the same hand I had also been very clear about what I was asked and what I declared etc and the "pay attention" and "clear enough for you now" just got my back up.

 

There was no disrepect intended from my part - If I didn't want help I wouldn't have asked but I also thought I had been perfectly clear in what I was asking and what my issue was.

 

Perhaps not and I will make sure I make more sense in the future

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  • 2 weeks later...
I was asked what CLAIMS have I had in the last 3 years

 

Andie, people are actually trying to be nice to you here and help!

 

Personally, I have never had (caused) an ACCIDENT, but I have had a CLAIM; last year, like in your case, I was hit from behind. other driver admitted full liability and paid for the damage, but it still counts as a CLAIM, as I made the claim from his insurance.

 

Royal mail would have paid this through their insurance, so it still counts as a claim, and needs to be mentioned to the insurance company, even though it wasn't your fault.

 

Apparently those of us who have been involved (but not at fault) in an accident are apparently a higher risk :rolleyes:

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I appreciate when people are trying to help gadget girl - as I also help many people on here but sometimes you get talked to in such a way it gets your back up.

 

Anyway I was reimbursed direct from Royal Mail via a company cheque not an insurance company so therefore there was no claim either on my insurance or theirs.

 

In the end when I put all the details in a car insurance search site I found a cheaper quote anyway and just to double check I rang them and asked them whetherI needed to declare this they said no as again they only go on claims not accidents and there was no claim.

 

I have asked Sheila Wheels for a refund on the grounds that I gave them all the information they asked for at the time so will see what happens with that but at least I am now insured and saved some money.

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Anyway I was reimbursed direct from Royal Mail via a company cheque not an insurance company so therefore there was no claim either on my insurance or theirs.

 

 

It could well be that the Royal Mail are 'self-insurers', some big Companies are, whether the cheque came from an Inusrance Comapny or direct from the third party it doesn't alter the fact that you had an ACCIDENT and made a CLAIM.

 

Mossy

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Actually that's not correct. A non fault accident does need to be disclosed, but if full costs are recovered, then it should not affect your rate at all. Churchill will have disclosed there was an accident, but they will not have said that the loss was recovered. It's not really about where the fault lies, it's about whether any money was paid out or whether there was the potential for it. As the Royal Mail paid you direct, on first glance from the insurance co.s point of view, it may still be outstanding issue as they won't have documentation for this.

 

As for your £60, I would ring and make a big fuss, 9 times out of ten they will give you the fee back, although the 14 day cooling off period is not operable in this case, because the policy is appropriate for you, it is not a money back gaurantee.

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It is a requirement of insurance contracts, and a principle contained therein of utmost good faith, that you notify an insurer of any incidents which could give rise to liability. That includes notifying the insurer of any previous incidents regardless of fault, whether a claim was made or if so, settled.

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