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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
        • Like

Fire insurance claim


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A fire in an adjoining garage damaged the roof of my garage and I have been told by the Insurance Loss adjuster that I have to prove negligence to claim from the other party. Can this really be true?

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They are [causing problems] you. How did the fire start? If a fire occurred in my neighbours property and I had damage I would be looking to claim on their insurance. I am betting this 'statement' was made verbally as they would NEVER put it in writing. If that is the case call their bluff and write to them saying that Mr XXX from you company told me XY& Z.... "is this true?" because i do not believe it. Please put it in writing so I can hold your professional opinion to account otherwise please tell me that I can proceed to get quotations to put right the damage and tell you about my other losses (if you have any eg loss of earning from staying away from work.. that sort of thing.

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A fire in an adjoining garage damaged the roof of my garage and I have been told by the Insurance Loss adjuster that I have to prove negligence to claim from the other party. Can this really be true?

 

Yes the loss adjuster is correct. To be able to claim against the operator or owner of the adjoining garage you would have to prove negligence. I presume the fire service attended and if so they have provided a report stating the cause of the fire ? You should check to see whether this is the case and how you can get hold of the report, if one exists.

 

If you cannot prove negligence then you will have to claim off your own Insurance and then your Insurers will make enquiries to reclaim their outlay to you from the third parties Insurers.

 

In these circumstances, it is alway best to claim off your own Insurance and to let them deal with it. If you don't have Insurance, you will have to make your own investigations and perhaps employ a solicitor.

We could do with some help from you.

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Second that, they are right. I'm sure if your insurers can get their money back they will have a go, but no point beating around the bush, they are right to be straight up with you.

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Hi, They run a domestic cleanig franchise from their property which they rent and were operating at least one tumble dryer in the garage 24hrs a day which caught fire. I claimed on my insurance but the loss adjuster claimed that I was underinsured for rebuild costs . The total repair was £3360 and I had to pay £1600. Future premiums have doubled for perhaps 5 years The other party have denied they operate the business from there but that is a lie. If a fire started on my property and damaged somebody elses I would assume it was my responsibility Thanks for your interest

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  • 3 weeks later...

It hardly seems fair justice when they are running a domestic cleaning business from the house and one of their machines catches fire that someone else suffers a loss.

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It hardly seems fair justice when they are running a domestic cleaning business from the house and one of their machines catches fire that someone else suffers a loss.

 

Get your own back. Make a complaint to the local council authority, as they would have needed permission to use the garage for business purposes.

 

Also have they paid tax on their earnings. An annoymous tip off to HMRC.

 

If these authorities receive a complaint, you can remain annoymous, unless asked to be revealed by a judge in any court proceeding.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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