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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.  

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      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.

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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.
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      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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Lost engagement ring - AXA Home insurance


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Hi All,

 

Unfortunately my fiancee lost has her engagement ring. It was lost sometime during a 48 hour time window. During this time she was only out of the house for 3 hours.

 

The insurance company told me during my initial phone call that it was insured as my policy covers individual items up to the value of £12,000.

 

After a more detailed discussion with my fiancee they have decided to reject the claim as they say there is a possibility that it was not lost within the property but outside.

 

In my opinion its far more likely it was lost inside the property as she was only outside for a minimal period of time.

 

Thoughts anyone?

 

Neil

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It seems to be an extraordinary policy to me that only covers the loss of this kind of item if they have been lost on the property – in other words they must still be there somewhere.

 

I think the first thing to do is to look at the terms and conditions of the insurance and let us know what it says about this.

 

Secondly, was she wearing the ring when she went out? Does she take the ring off when she is at home? I can almost imagine that if they accept that it was lost at home, that they will then say that it's not really lost because it's on the premises somewhere and it will be discovered

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Most contents insurance policies have a personal belongings in and away from home section which covers either specified items or anything covered by all risks up to a certain value. genrally this means an engagement ring lost in a public place is covered but if lost at home it is not considered lost, just misplaced. Check with them about both the cover and the interpretation.

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Hi,

 

Thanks for the replies.

 

To clarify, she always wears two rings when she goes outside, the engagement ring and another ring on top to stop the engagement ring from falling off. She still has the other ring so we think its highly unlikely to be lost outside of the property.

 

Inside the house she sometimes wears both, only one or none depending on what she is doing.

 

That's why we waited about two months before making a claim as we were certain we would find it but after the millionth time of looking behind the sofa etc no discoveries have been made.

 

I have examined the terms and conditions of the policy online and can find nothing about loss outside the property (excluded or included)

 

I will ask the insurer to point me to the specific clause in the policy that they believe invalidates my claim.

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I suppose that you are going to talk to them on the telephone. I think that you need to record the call. If they start using the same basis for denying loss again – then you have it on the record and if you can show that there is no reference to this in their terms and conditions then you will have them in a very difficult place because it will be quite clear that they are trying to breach the contract and treat you unfairly.

 

Do not do this without recording the call. It's extremely important.

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This is a difficult area because it appears that no cover was arranged for a valuable item that would be worn away from the property. A loss then occurs and you are relying on cover for a loss within the property.

 

Why was no 'away from home' (personal possessions) cover arranged for a valuable item that would be regularly worn away from the property ?

 

How long ago was the ring purchased ?

 

What is the approx value of the ring ?

 

Was your financee permanently resident at the property at the time of the loss ?

 

Is the Home Insurance noted in both names or did you take it out and your financee moved into the property ?

 

I think you may have a good case to take to the FOS, but you will need to have allowed the Insurers 8 weeks to resolve a complaint or reached deadlock. before the FOS will look at a complaint.

 

Have a read through this FOS link

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/35/personal-possessions.htm

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Hi,

 

I have been with this insurer for some years, i knew that an individual item was insured up to £12,000 so assumed (whoops) that cover for a loss meant anywhere on planet earth and not just my house.

 

The ring was purchased in 2010. Its worth £6100 as per a valuation last year when it was repaired. She is permanently resident at the property and has been for seven years. The home insurance is only in my name.

 

Thanks for the link.

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Hi,

 

I have been with this insurer for some years, i knew that an individual item was insured up to £12,000 so assumed (whoops) that cover for a loss meant anywhere on planet earth and not just my house.

 

The ring was purchased in 2010. Its worth £6100 as per a valuation last year when it was repaired. She is permanently resident at the property and has been for seven years. The home insurance is only in my name.

 

Thanks for the link.

 

Take the complaint to the FOS, if the Insurers won't pay the claim and let them decide.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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It seems to be an extraordinary policy to me that only covers the loss of this kind of item if they have been lost on the property – in other words they must still be there somewhere.

 

I think the first thing to do is to look at the terms and conditions of the insurance and let us know what it says about this.

 

Secondly, was she wearing the ring when she went out? Does she take the ring off when she is at home? I can almost imagine that if they accept that it was lost at home, that they will then say that it's not really lost because it's on the premises somewhere and it will be discovered

 

The majority of standard polices would not cover physically losing an item within the home and typically within the boundaries of the home. The mass market would require you to have personal possessions / belongings or to have specified the item.

 

There are notable exceptions in the standard market eg Saga.

 

I suspect the OP has Axa's mid net policy and / or the M&S branded version which has higher than standard limits and has a good chance of covering losing items within the home due to it being aimed at a more discerning market and having wider cover than normal.

 

Perhaps the OP could tell us which Axa policy she has so we can look at the cover to see if i should be covered by the policy.

 

Failing that the advice to make an official complaint and then onto the Ombudsman is the way forward

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