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    • Okay, he needs to stay in the defence that he is unemployed and on universal credit and he sold a car. Can you tell us how long he owned the car and was he the registered keeper? Did he drive it at all? They are suggesting that the MOT was obtained fraudulently. You will need to tell them to prove it because this is a very serious accusation. If I were you I would go to the MOT station and tell them what is being said about them. Also, in their claim, they say that upon closer inspection they found that the tyres were cracked. This suggests that they did inspect any inspection they carried out wasn't done properly but that should be their responsibility. Do you agree that the tyres were cracked? Have they provided any photographic evidence?  
    • right spoke to them, best they have done is get me in for a cpap this Thursday and will do another questionaire with me. 
    • If you can help spare me the trouble of going through the thread again: you shipped this PlayStation directly by entering into a direct contract with EVRi – correct? You didn't use a parcel broker – correct? In their defence they keep on referring to the "shipper" – not "claimant". The shipper is you – correct? They offered you insurance for the item. Did you insure or not? Those questions for starters, please
    • To turn out to the action that you should take. You should not stand for any nonsense. You should decide absolutely that you are going to return the car. Of course you made a big mistake by paying for it by debit card. Although slightly better than paying by cash or paying by bank transfer. Is the vehicle currently stored off-road? The first thing you must do is you must get an independent report. You must write to big motoring world immediately. You still are within your 30 days. Write a letter of rejection. Tell them that you are rejecting the vehicle for a full refund. It is defective. Give them a list of the defects which have occurred so far and explain to BMW that as they apparently refuse to accept your own account of the defects on the vehicle even though they are supported by photographic evidence, you are now booking in for an independent inspection by an authorised VW dealer. This inspection will cost £XXX and you will be seeking to recover that sum from them when the vehicle is returned. Tell them that your decision to reject the vehicle's absolute. You're not interested in any repair offers. You have read sufficiently about them on the Internet to understand that they are not to be trusted. Tell them that as soon as you have had the independent inspection which you fully expect will confirm the faults, you provide them with a copy of the report together with a bill for the inspection and if they will not make immediate arrangements to recover the vehicle, to refund you the cost of the vehicle and the cost of the inspection – together with any other expenses reasonably incurred [list out any expenses such as insurance, road fund tax – et cetera et cetera], then you will start an action against them and without any further notice. Tell them that you are currently storing the vehicle off-road and unless they make immediate arrangements to collect it at their expense will also start adding a daily storage charge of £10 per day and this will be added to the court claim which you will be making against them. If you're happy with this approach then book the inspection immediately. Come back here when you have a date for it and we will then complete this draft letter and send it to them and the draft letter will also contain a deadline after which you will begin a legal action. Let me tell you now that if you aren't prepared to go this route, then you may as well give up because we are all wasting your time and you better accept the slap and be more careful in future. I see that you are griping a bit about £240 cost of an independent report. As I have said, you will in all likelihood recover this although it will take a court action. However, I'm afraid that this is the kind of thing that you will have to accept when you buy a vehicle without first researching the dealer and also you buy it at a considerable distance from your own home. Although you are well within the 30 days, today we are pretty well at the end of 26 February. I suggest you get a move on  
    • Thanks Dave and JK.   So I need to get an email off to the court ASAP?  This has been assigned to Cardiff County Court now so I'm guessing this will need to go them now rather than to the Northampton bulk processing centre? Is there a template for this email I can use?  I just want to make sure I'm including all the right things. Thanks CD
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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.

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      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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    • 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 help


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I have received a form to complete from my car insurance company. It claims I hit another car on a roundabout. It is asking me for the details, however I am unsure of what information I should provide.

 

THE INCIDENT:

Dark, raining and approaching a roundabout on a two lane road, wanting to turn left onto another two lane road. The car on the left hand lane waiting to enter the roundabout is at a standstill, no indicators on, and no other oncoming traffic on the roundabout. I assumed it has stalled, or broken down. I decided to move to the right hand lane and turn left in front of it.

 

As I do so, this car lurches forward and starts following me down the new road flashing their lights. I stop and they claim I hit them on the roundabout. No damage to my car. They want to call the police, I do not object. Eventualy they decide not to wait and I give my details.

 

I was neither aware that an accident took place, or had any damage to my car. But now I have been sent an insurance form to complete.

 

What would be my advisable stance on completing the form. Whilst I accept I turned left from the right hand lane, I was completely unaware that any collision had happened, nor is there any visible damage to my car.

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Did you see any damage on their car? (As if they told you you hit them, it is normal to check the points of impact on both vehicles).

 

If I do not hear the sound of contact, then I certainly do not provide my details. Why did you?

 

As your insurer is asking for details - just tell them what you explained here. It can just as easily be a fraudulent attempt at a payout at your expense, so I wouldn't worry unduly.

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Like buzby suggests, I would point out that you drove around what you believed to be a broken down car and that you do not believe any contact took place. Furthermore you believe this to be a fraudulent claim with the 3rd party deliberately parking there in order to "claim" a passing vehicle hit it.

 

The insurance companies really hate insurance [problematic] and I am sure they will go to town inverstigating this and I wouldn't worry unduly at the moment.

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What you believe it to be is actually irrelevant. You pay your insurance company to act on your behalf in matters of public liability whilst motoring. If you did scrape the car in the instance described, then it would be up to the insurers to decide - on the balance of probabilities - whether this was a [problem], and they'll undertake their own enquiries as to the claim history of the other party.

 

In making your accident report, all you need to is advise of your suspicions, and if a decent company, will do the rest. I wouldn't be surprised if they pressed for an 'own settlement' solution - they pay for yours, and their insurers pays for theirs.

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  • 2 weeks later...

I'd call your insurance company and tell them that you are unaware of any accident and that your car has no damage. You should ask where you stand with legal cover too.

 

I believe, unless they can prove that you were involved in an accident that was your fault, they can't involve you.

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