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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 
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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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Going to court over holiday!


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we are in the process of making a claim re accident while on holiday its in the hands of a solicitor we now have draft schedul to sign to hand it over to barister - solicitor said we could fall into two catergorys 1st we should get at least x amount (company have just offered us slightly more ) or a higher amount if we fall into second catergory - not sure if we should accept first offer or go on with case - any advice?

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Hi - basic details husband had accident while away - well didnt even make apartment had accident on way - holiday company insisted that coaches could not travel down lane - very dimly lit pot holes open drainage gullys - etc - but it later transpired that other companys were able to get thier coaches down - husband fell down uncoverd drain - we had been given no warning and rep was way in front with the only torch - had to call rep back he didnt know what to do and left us at side of road while he took others to accomedation (husband me 13 yr old 11yr old and 5mth old baby) - to cut a long story short the customer care was non existant husband ended up in corfu hospital for 3 days - I was left with kids and little money and not kept informed of what was going on - the rep concerned told us he would be back during the night and never came back in fact he handed his notice in that night and left the company - my husband needed an operation on his knee when we returned to this country and has since had a medical report saying it could be degenerative over the next 5-10 yrs which could effect his position as a fire fighter - the company have admited liability the draft schedule is ready to be signed but the company has now offered a sum slightly larger than the one the solicitor said we might be looking at in one catagory although not as much as she told us we might be looking at if it goes into another catagory - only got draft and notice of offer today so have not spoken to solicitor yet - dont know if it would be wise to accept the offer or not? was wondering if others had any experience or advice

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thanks for getting back to me - the company is vantage insurance services through olympic holidays - our solicitor has advised us to let the barister have a look at the draft scheduel and take his advice - your advice would be very much appreciated too - thanks again

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VISL are a brokerage of Groupama.

 

Yes get the Barrister to have a look, but my gut feeling is that this the best they will offer. Groupama came out of the travel industry underwriting a few years back and surprisingly came back in with harder terms and lower settlements.

 

Good luck which every way you go. I would be very interested to hear how it al works out for you

 

LOULA

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I have dealt with them as Groupama when I was underwriting this type of insurance.

 

As I do not know the full details of the claim I would suggest that you think realistically. Have you claimed for the 'lost' part of your holiday? They would only pay out a proportion of the holiday cost as you 'enjoyed' some of it, i.e. the flights and accommodation of sorts. Then look at what your solicitor advised would be the level of compensation applicable to this type of injury and the degenerative nature.

Finally think about the level of compensation you think is satisfactory for your family losing their holiday. Would another holiday of say £1500 be acceptable?

 

Once you have done these sums that should give you an idea of whether the offer is what you were expecting and also if Groupama are playing straight.

 

It is their 'job' to minimise the loss, but I have found them to be a reputable company and usually very straight with the claimants.

 

One of the biggest losses was through Groupama, and they carried out their end of the litigation professionally and with curtesy to those claiming.

 

I hope this helps. Any more queries, you know where I am.

 

LOULA

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  • 3 years later...

The amount you paid to go on holiday with a low cost company like Olympic Holidays makes me think why are you sueing them? They are not the countriy's road maintenance, why is it the tour operators fault? No-one else fell down the hole. If you went as independent travellers then you would have no-one to sue, quite lucky you have someone to blame.

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please stop resurecting old threads

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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  • 8 years later...

This topic was closed on 03/08/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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