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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 claim dispute


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I was involved in an accident with another vehicle over a year ago and the other vehicle drove into my rear offside bumper on exiting an island. The damage to the other vehicle was a broken bumper, headlamp, dented wing and slight damage to the bonnet. The damage to my vehicle was a small scratch on the rear bumper. I did not claim but the other driver has claimed against me and having spoken to him following the accident he revealed that he was going to put his car into a garage which wasn't authorised by the insurance company, 'More Than'. After giving a statement of the accident to my insurance company they have now decided (after a year) that as there were no witnesses it will be a 50/50 split and I will have to pay half of the other driver's bill (approx 300 -400 pounds!). The other driver will not have to pay anything as I didn't claim. Is it correct that I should have to pay half of his repair bill or should it be half of his excess or nothing? (we are both insured with the same insurer, More Than). The damage the other driver is claiming for seems to be a bit excessive in comparison with mine and leads me to think he might be pulling the wool over the insurance company's eyes! - in fact I wonder if the damage was already there before he hit me. Any feedback would be greatly appreciated.

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Sounds like you are getting ripped off by your insurers. They have probably figured out that as you are both insured with them, if they blame you both, they can charge both of you your excesses and reduce both your no-claim bonuses - hence cheapest solution for the insurance company! Go back and say you deny any blame and that the damage is to th efront of his car and the rear of yours hence proves he drove into you. They will probably dismiss this but its worth a try; then you'll either have to pay up or consider litigation - a small claim to recover your excess and any loss in NCB. The insurers will probably not want the hassle of this and may then back down. Good luck.

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Sounds like you are getting ripped off by your insurers. They have probably figured out that as you are both insured with them, if they blame you both, they can charge both of you your excesses and reduce both your no-claim bonuses - hence cheapest solution for the insurance company! Go back and say you deny any blame and that the damage is to th efront of his car and the rear of yours hence proves he drove into you. They will probably dismiss this but its worth a try; then you'll either have to pay up or consider litigation - a small claim to recover your excess and any loss in NCB. The insurers will probably not want the hassle of this and may then back down. Good luck.

 

I second this, and also try the Financial Ombudsman.

Me v Barlcays Bank - Claim Stayed

Me v Jaguar Cars 1 - Won £1650

Me v Jaguar Cars 2 - Winning

Me v London Borough of Newham - Won, Warrant of Execution live

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