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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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QuoteMeHappy cancellation fee


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Me and the missus bought a new car last week. The old car was insured through quotemehappy and they also offered the best deal for insuring the new car.

 

The old policy had around 6 weeks left, but when I went to cancel it, they want to charge me a 53 pound 'cancellation fee'. Seems rather stingy since we're keeping our custom with them. It'll actually be cheaper to just let the policy expire in 6 weeks than cancel it.

 

Is a cancellation fee common practice? Anything I can do about it?

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What was the value of the remaining 6 weeks?

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Why not transfer the policy to the new vehicle and pay a transfer fee?

 

It is possible to do a change of vehicle on the current policy, but it may not work out the best money wise, as they would charge an admin fee for the policy amendment.

 

It may just be cheaper to pay the cancellation fee and go somewhere else for your Insurance. Quotemehappy are Aviva and it can be difficult to speak to anyone to gain a commonsense way forward. They may just accept your loss of business, as long as they get the cancellation fee from you.

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It'd be about 40 pounds, BankFodder. The policy was just over 300 pounds for the year.

 

I've mailed them back, let's see what they say. My plan at the moment is just to pester them until they get sick of me

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Guest Aviva Support
Me and the missus bought a new car last week. The old car was insured through quotemehappy and they also offered the best deal for insuring the new car.

 

The old policy had around 6 weeks left, but when I went to cancel it, they want to charge me a 53 pound 'cancellation fee'. Seems rather stingy since we're keeping our custom with them. It'll actually be cheaper to just let the policy expire in 6 weeks than cancel it.

 

Is a cancellation fee common practice? Anything I can do about it?

 

Hi WebMaster

 

Thanks for your post and I’m really sorry to hear you’re unhappy with our cancellation fee. Have you emailed us at team@quotemehappy.com? If not, please feel free to do so with your full name, date of birth, postcode and policy number and we’ll be happy to look into this further for you.

 

Kind Regards

 

JC

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So they want a cancellation fee which is greater value than the remaining insurance????

 

You are dealing with the cancellation industry here. It is a huge money spinner. Cancellation fees must reflect administrative costs - and of course they very seldom do. Insurers, travel companies, gym clubs, mobile phone companies - and many others routinely ignore the rules which are contained in UTCCR and charge disproportionate sums which they label as "administrative" in order to fleece their customers of any penny they can get.

Listen to last week's MoneyBox - http://www.bbc.co.uk/programmes/b03xzs1l

It has an article which I proposed to them about Experian mis-selling ID insurance - and also an article about a guy who took on his holiday company over their cancellation fee. Bob Howard of the BBC as agreed to ask the guy to contact me and I hope to have a copy of the judgment before too long which I will make available on this forum.

 

I would write to the insurer and ask them for a full breakdown of their fee. Tell them that you think that it is excessive and that it breaches UTCCR. Tell them that if they won't justify it then you will go to the FOS.

Also tell them that if the fee exceeds their administrative costs or if they won't justify it, that they are also in breach of ICOBS and that you will compain about this to the FOS as well.

 

As it happens, I have just proposed to MoneyBox that they do a programme on the Cancellation Industry as well. Maybe they will. I will point them to this thread about Aviva as an example

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I must be learning. I've already mailed them back with the following (after they'd responded that they were 'unable' to refund because the fee was stated in their T&C):

 

Although the cancellation fee is stated in your Terms, you are still able to waive it if you so wish. It's a case of you being unwilling to waive it, not unable to. Given the circumstances (the policy has almost finished and we are keeping our custom with Quotemehappy.com, merely moving to a different car), I'm asking if you would waive the fee as a gesture of goodwill. If you are still unwilling to do this, I'd like a break down of how the 53 pound fee was arrived at please. As I'm sure you are aware, such fees should be a true representation of costs involved, and 53 is double what many of your competitors charge for what is essentially an automated process. The Financial Ombudsman has previously taken the position that such administration costs would have been factored in to the cost of an insurance policy. Given that our policy was almost at its end, most of your costs would have been recuperated.

 

I'll mention UTCCR ICOBS next time if that doesn't get me anywhere.

 

(Edit: didn't realise we had an Aviva support member here - thanks for responding)

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Of course they are allowed to charge a cancellation fee and it is entirely legitimate to include this in their contract. However, their contract must comply with the law. If it doesn't then the contract is unfair and the relevant term is void for unfairness.

For them simply to say that it is included in their contract is a fob-off. They must provide a breakdown if the charge and it must reflect their administrative costs of cancellation. This means - actual costs - not costs plus some margin of profit.

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