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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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Previous Car Insurance Policy Voided due to Address Confusion - Action?


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A car of mine was recently driven into whilst stationary. Although the damage is minor, I had comprehensive cover for the vehicle and (after various wild goose chases with the recommended accident management companies - not interested in my business as I didn't want a hire car) instructed my insurers to pursue the 3rd party at fault so that I could repair my car. I took out the policy via a broker, but they apparently do not correspond with the insurer on my behalf.

 

On sending in the usual documents, the insurer queried the fact that the address on my driving licence was different to the address where the car is insured. As I split my time backwards and forwards between the two addresses and have various correspondence going to each, I explained this and thought no more of it.

 

It now appears that the insurers have retrospectively voided my policy (I'm currently covered by a different company) because I failed to disclose a so-called "linked" address.

 

I have never previously been asked about any other addresses I am "linked" to, and insure the car at the address where it is usually kept, as I was asked to when taking out the policy.

 

This is understandably very worrying - not only are the insurers refusing to deal with the claim, it appears that I may incur higher insurance costs in future because of their decision.

 

As I have never withheld any information and have always answered all questions asked fully and accurately, is it not unreasonable for the insurer to behave in this way?

 

Should the broker have asked me about any linked addresses when I first took out a policy with them several years ago?

 

This is my first contact with insurers in respect of a claim and hasn't been a pleasant experience - any advice is gratefully received.

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Your complaint should be made to the broker, as they were responsible for setting up the policy. I don't think the Insurers are acting reasonably, so you might also want to phone the FOS for advice. The broker should help you resolve the complaint.

 

I think the FOS would say that the Insurers should not have voided the policy for the reason given, as they could have recalculated the premium if they believed the vehicle was kept at an address which was a higher risk.

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Thanks for the quick response - my broker has told me that they can't (and won't) help, I will have to try to speak to someone more senior.

 

If this is such an important issue you would think that it would be a simple matter of course for any broker or insurer to enquire about linked addresses before taking your money.

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I have never heard of Insurers asking of linked addresses. They want to know where the vehicle is normally kept when not in use. They would also want to know about any commuting or business use. If you were using the car to travel to different places of work that would be relevant to Insurers.

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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The car is insured for Social, Domestic and Pleasure - no commuting or business use at all.

 

After reading around, I'm far more concerned about the fact that I have had cover voided and will be punished by future insurers accordingly, rather than the minor damage to the car.

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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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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My current underwriters in respect of the vehicle have agreed that the situation will not lead to either a cancellation or a voiding of my policy (although they cannot provide cover at the "linked" address).

 

I hope that this will strengthen my case in the complaint that I'm preparing.

 

I'm also quite surprised that the underwriter who has voided my previous policy is in part basing their decision on incorrect information sourced from a well-known public directory website ...

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