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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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Issues with insurance companies


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Hello

 

First post out of desperation hence the username!!

 

50:50 accident on 18th dec and the insurance company used there preferred bodyshop to get a quote which was £6000. Obviously not happy with that so found an alternative approach though a bodyshop and buying the parts myself (all new except for a wing and door) which the total cost is £2500. Due to various reasons the insurance company were not happy with this but offered £1000 cash.

 

I wanted to look at alternative approaches so asked them what they would pay out after a couple of weeks they finally came back with a reasonable offer of £4300. I thought I may be able to buy back from the salvage company, but the salvage company run e-auctions so not an option.

 

I then asked the insurance company for a revised cash offer which they refused. I then found a company to do a complete repair which would cost £3000. I put this forward to the insurance company and they have now said that there are only two options now which are total loss the vehicle or withdraw the claim. As you can imagine this has taken 2 months to get to this point as the call centre never return calls, people dealing with the claim on holiday and they say "it is standard that the company takes x days to turn this around". I live in Cornwall which is rural and no public transport which is a nightmare without a car. I am however getting very fit using my bike!!

 

So the questions are:

- any tip about how to get this sorted

- if I raise a complaint this is going to take 6 weeks. can I just get my vehicle fixed and deal with the issues with the insurance company afterwards

- why do they want to scrap the vehicle as it costs them more money than just to pay out cash or get it repaired???

- the insurance company say it will be put on some database as a total loss which ever option I pick, what are the issues if this is the case?

 

Thanks for the help!!

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Hi

They have deemed your vehicle a total loss and you would be better accepting their offer of £4300 which you say is a fair offer and start looking for an alternative vehicle. This would be the quickest solution to your problem. If you go and get your vehicle fix they are likely to refuse to settle the claim with you so that is your choice. Your vehicle has been deemed a total loss and your insurer is bound by rules to enter the total loss onto a register called MIAFTR. Once logged on the register, you vehicle will loose value when yo come to sell in the future. An insurer will only pay for repairs using new parts and a standards compliant repairer hence the higher repair costs. This is to prevent any comeback for bad repair jobs. Overall I would say you would be better off taking their offer of £4300. Hope this helps

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  • 2 weeks later...

I agree with whats written above. I dont personally work on the claims department in work, I work on the complaints department. But what I would suggest is your probably better off taking the cash. Insurance companys use there own approved garages as stated above. I have come across instances where the insurance company is open to you taking the vehicle to a different garage for the work, however they may require a quotation from two different garages to compare the prices and determine whether they will authorise the work.

If you were able to buy back the vehicle and pay for the repairs yourself, it may cause alot of hassle when trying to reinsure the vehicle. Any insurance company will ask you for you to obtain an MOT even if the garage has fixed the only diagnosed problems and send them the MOT certificate before they will allow you to insure the vehicle with them.

 

Best advice, take the money and then treat yourself to a bus pass. Cars are too expensive with insurance getting more expensive and petrol increasing in price lol

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