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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 
      • 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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car insurance badly dealing with claim


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Hi i am hoping for a little advise as i am umsure of where to turn.

In may this year, a car reversed into me while I was stationary and did some damage to the front passenger side of my car.

me and the driver of the other car exchanged details and I called my insurance company who are Churchill to report the incident straight away.

My car was repaired and I have had to pay the £400 excess and the other party had issues with his insurance.

since then I have had to call up churchill numerous times to see what is happening with my claim and as my policy is to be renewed this month the premium has rocketed.

I have heard nothing from them in regards to the accident and it is costing me a small fortune to keep calling them.

any ideas on what I can do?

Thanks

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I would put in a claim to his insurance company for the excess and see what they come back with. Send it by recorded delivery.

 

I trust the claim isn't disputed by the third party?

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Yes there are.

It was a hire car that the third party was driving and it hadnt been taken back in time so he wasnt insured.

we took photographs of the damage to his car which was a scuffed bumper which had disappeared when the car was recovered.

his insurance company state there are indemnity issues.

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The simple solution is to issue proceedings to recover the excess from the third party driver, but include the Hire company as the 2nd deffendant.

 

The Hire company still have a statutory duty to maintain a minimum of third party cover otherwise they can commit the offence themselves of use, cause or permit a vehicle to be used without insurance (aid and abet offence), otherwise the hire driver should have been dealt with for TWOC (Taking without owners consent) which is a criminal offence and an arrestable offence.

 

It sounds like the hire company are just trying to string things out, but get either your insurance company (or if they won't do it, then it is easy to do yourself) to issue proceedings for the recovery of the uninsured losses and that tends to focus their minds

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I feel the hire company are close friends with the third party as they didn't seem bothered with the damage to their car that had disappeared after the accident!

I have never been in an accident in the 21 years of driving so not sure wgat to do.

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What are uninsured losses? How fo I do so?

 

Uninsured losses are things such as your excess, or anything else that has not been covered as part of your claim, but usually just the excess that you are required to pay.

 

So for example if your excess is £400, then your claim would be to recover your uninsured losses of £400 plus the costs of issuing proceedings.

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