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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
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I have recently moved address and as a dutiful citizen advised car insurance company of change (Kwik-fit)

 

I was informed that underwriter (Royal and Sun Alliance) were not prepared to insure that address (a little strange since More Than insurance will)

 

Anyway was informed by KWIK-FIT that another underwriter Aviva would insure me for 3x times current premium £1500 (bear in mind i'm over 30 have never had an accident and 4 years no claims) and apparently I would need to sign up for a new 12 month renewal.

 

If I decline and cancel then I have to £70 cancellation charge

 

What rights do I have (if any) given that reason for cancellation is underwriter not me...

 

Surely if I need to take out a full new policy then original is terminated and there is no cancellation fee?!? Or have I technically terminated the agreement by moving address therefore owe the cancellation fee?

 

Technically who is the contract with is it Royal and Sun Alliance as the underwriter or Kwik-Fit as the broker

 

Could someone give me some guidance

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It's with Kwik-Fit. They sold it to you, it's their headed paper and headed certificate.

 

Unless they tell you in the policy that moving address and the circumstances means 'you' cancelled the policy, then they cancelled it and you should bill them for the same £70 they want to rip you off for.

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What I would suggest that you do, is take your business elsewhere. Make a complaint to Kwik Fit and advise them that you consider the cancellation charges added to be unfair, so would like the opportunity of the FOS to review the matter. Ask them to send you a final response, so you can proceed immediately to the FOS and ask for them to send you the no claims discount proof, to provide to your new Insurers.

 

This link is from the FOS. ( I think you would struggle to have a complaint upheld by them, but Kwik Fit may back down, if they think you may go to them, as it will cost them )

 

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/54/insurance.htm

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Thanks guys think given the need to get the NCB i'll have to pay and chase through complaints or fos

 

This may be a little semantical but wondered the following;

 

Current contract ends in Oct

Surely even if Kwik-fit needs to find a new underwriter it would only be for the remainder of the term of the agreement?

If not that must be a new contract?

If that is a new contract I assume the other is terminated?

If the other is terminated who did it me or Kwik-Fit (i.e. me by default with moving)?

 

Make sense?

 

Stupid thing is that I work in commercial environment and the contracts I am forced to sign personally I would never touch professionally as they are ridiculously one-sided with no real option to negotiate.

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Kwik Fit are only intermediaries and they just buy Insurance wholesale from various companies Insurance underwriters. Obviously the rating table/underwriting guidelines do not enable them to continue your policy with R&SA at the new address, so they have to cancel. They are then offering you a new contract, which you don't have to accept. Kwik Fit are not allowed to hold your no claim discount proof until you have paid the cancellation charges. You are entitled to enter into a complaint dispute, with the cancellation charges put on hold. Kwik Fit have to provide your no claim discount proof, so you can obtain Insurers elsewhere I believe this is an FSA rule, to stop Insurers holding customers to ransom.

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What would my no claims bonus be...as I haven't completed full year is it 4 years or is it 5 years as they have cancelled the contract without a claim?

 

4 years, as you have not completed another year claim free. Not much you can do about this, as Kwik Fit are only offering you a new 12 month policy, based on 4 years no claims discount, so you are no worse off arranging cover elsewhere.

We could do with some help from you.

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