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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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Car hit in car park


greenk04
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Hi I am after some advice.

My car was hit in a supermarket car park.

 

I was reversing and saw a car coming at speed so I stopped but it actually hit my car.

 

It was dark and raining very hard.

 

The lady told me she was speeding etc etc .

 

When it comes to insurance she has lied and says I was moving.

 

I have no witnesses and the damage on her car is more than what I saw at the time. (cant prove it though)

 

The insurance company are saying that she wont admit liability or go 50/50 so I am to blame.

 

I am standing my ground at the moment and have told her to look at the damage to my car as it was hit with the front of hers yet it has side damage??

 

I am adamant she has damaged her car herself so it looks like I reversed into her

 

where do we go from here as insurance say i it went to court I will be made liable.

 

It is imorale what she has done do I just stand my ground and hope for 50 / 50 or can the insurance play god and just make me liable??

 

Please help this has been going on since last August...

 

Thanks for reading

 

:-x

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thats quite usual today sadly.

 

has the carpark not got CCTV , many have.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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what about legal cover from your insureres?

 

can you not start waving your arms around about having taken mobile phone pictures on the night

and you know its been 'beefed - up' damage.

 

you REALLY need to get the police involved me thinks

 

this is fraud.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have told the insurance company that she has damaged her car further but without proof what can I do??

 

I have told them to look at the damage on both cars as they will be inconsistent they have applied for further pics and are ringing me again tomoz...

 

I hope they dont take the easy route though

 

frustrated.com

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"I was reversing and saw a car coming at speed so I stopped but it actually hit my car."

 

In my opinion that maximum you will achieve is a 50/50, which will still affect your Insurance premium. It is still a fault claim, but atleast each of the Insurers shares the cost of the claim.

 

The key bit in your post I have underlined. If the third party argues the t*ss, because you were reversing, your Insurers could just not bother to dispute and just pay the third parties claim in full. Insurers won't want to incur admin costs in arguing. They will just see it as a simple accident. i.e you were reversing and did not see the other car, causing the impact.

 

I have been very close to having similar accidents in car parks, so I now take care where I park. I now park out of the way and not near any exit/entrance lanes, where people always seem to be in a hurry, not thinking of cars that need to pull out a bit, so they can see what is coming before they leave their space. It can be a real b*gger, if vans park on either side of you, as you then don't have windows to look through, but a while panel blocking your view.

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Sorry to say you are the reversing party, you are fully at fault, regardless of speed it's your responsibility to give way to any oncoming traffic. You can try 50/50, but that's a slim change. The insurance can play God in this case, they have the right to do it. Just make them aware your not happy with the claim presented, leave them to check out the damage etc.

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