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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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Repair quotes for car hire damage


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Hi,

 

I recently hired a car for use in the UK for two days where I caused some minor damage by scratching the front wheel arch against a wall. The car had an excess of £450 and I believe the damage I caused was repairable at around £200 (labour and respray) which has since been confirmed by local garages close to me that have seen photo evidence of the damage. The hire car company have tried to force me to accept repairs over £600 (thereby taking up all of the excess). They say that they have to get only one other quote of *their* choosing and I do not have any say in who the quote comes from.

 

I have refused to pay the outstanding amount and have left the insurance company to take it up with me directly, outside of the pressured environment of the car hire office. Do I have any recourse with unreasonable quotes? The original quote came from a garage with a direct relationship with the car hire company so it was obviously in their interest to take up the full excess.

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Any person or party that has suffered a loss has a duty to mitigate their losses, this is something the hire company clearly isn't doing.

 

I'd write to them, I remind them of this in the letter and I'd insist on two alternative quotes, and since you have found a garage that will do it for £200 you should suggest that they use this garage because if they choose to use a more expensive garage then you will not be held liable for any amount above this since they are clearly not mitigating their losses.

 

Also, throw in for good measure that one quote is not enough and should it proceed to court you will defend it vigorously.

 

Mossycat

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yep normal for three quotes.

Surprised they have not just taken it from your cerdit card already!

Did you not consider paying the extra insurance to cover the excess?

 

I was not offered any extra insurance cover. The excess wasn't taken from my credit card as they never asked for it up front, they asked for it after the incident. Safe in the knowledge that they would bill me the full amount immediately and leave me to dispute the difference, I refused to hand it over and left the ball in their court. I presume they will attempt take action based on my contact details and driving licence.

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I was not offered any extra insurance cover. The excess wasn't taken from my credit card as they never asked for it up front, they asked for it after the incident. Safe in the knowledge that they would bill me the full amount immediately and leave me to dispute the difference, I refused to hand it over and left the ball in their court. I presume they will attempt take action based on my contact details and driving licence.

 

Having worked in the industry, I find it strange that you wern't offered damage liability waiver. Basically, this is an extra charge which the hire companies make on top of the rental. It normally goes into a seperate 'insurance' account and is used for occasions such as this. More often than not, 'claims' do not happen so this 'account' simply grows and generates interest for the hire co so generally they will always try and sell it to you. Having said all that, Mossy is absolutely correct. As you do not have the liability waiver, you are responisble for the excess on their policy (which is variable) but they must mitigate their 'losses' so you should ask for at least 3 quotes. They will however, want the car repaired at an approved bodyshop which is understanable. The next thing they may try and hit you with is any 'consiquential losses' they incurr while the car is off the road.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

 

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