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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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Massive problems with Allianz car insurance


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Good evening everyone.

 

Nearly six months ago my Jaguar X-Type 03' has been involved in an accident with a HGV.

No one was present in my car at this time,

lorry was reversing and third party insurer accepted liability.

Seems like a fairly easy case.

 

I had a lot of bad experiences with insurance repairs as very often they do fairly good work with visual and cosmetic damages,

but when it comes to more advanced / mechanical repairs it becomes a struggle.

 

 

My insurer, Allianz, sent my car to the first garage who fixed rear driver's side wheel, mudguard and rear driver's side door.

I started complaning about quality of repairs pretty much straight away, so my insurer decided to send it to another garage.

Paint started coming off and door was fitted ridiculously bad.

 

 

Second garage, Jaguar approved fixed the door, paintwork is still due to be repaired by the first garage.

 

 

Same day I picked my car up from the first garage I noticed horrible juderring to my steering wheel.

With no word of a lie, when going 70mph it's like working with a pneumatic tool! Can supply a video.

 

I reported that to the insurance company, and now the problem begins that is still not resolved six months after the accident.

Car was taken to second garage (mentioned earlier) that is Jaguar approved,

they fixed the door but couldn't find a problem for juderring.

 

 

First garage said that juderring is caused by ABS sensor, and even though most garages like ATS, KwikFit or Helfords said it's definitely not true,

I replaced ABS sensor and when problem was still there I contacted Allianz to see what they say.

All they said is that in their opinion car is perfectly fine as their engineer says so!

 

As a European national I had to make a trip back home, to Poland to be precise, it's approximately 1800 miles in just a week.

Now we came back and juderring got even worse.

 

 

I decided to to go a random garage myself, pay 150 pound for stripping rear axle and see what the problem is.

What was revealed is a nightmare.

 

 

After stripping mechanic pointed out at bent break disc which was constantly holding vehicle, caliper is also damaged,

however it is now not known whether capiler has been damaged during impact or during all that time car was running on applied rear break.

 

 

There is also 1mm (apparently that's a lot!) space in gearbox adapter to rear axle that is also responsible for juderring.

 

To put this all together.

My insurer sent my car to two garages and none of those could be bothered to look properly at the car.

That is on it's own quite strange,

 

 

I rang three garages and just asked what should be done when car is hit in a wheel by a lorry,

answer was always the same, strip the axle and investigate if there's any physical damage to the axle or other components.

 

I was then allowed by my insurer to drive unroadworthy car for more than 1800 miles,

and all together since the accident I am pretty sure I covered more than 2000 miles constantly risking my life,

my family and other road users.

 

 

Each garage stated that this is definitely a life-threatning fault.

 

 

Disc and caliper due to this work could easily catch a fire, especially on a longer run.

 

Summing up all I wrote in this 'essay'. Can I sue my insurer for that?

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You can sue the insurer for your actual losses (e.g cost of repairs to the vehicle).

 

You cannot sue them for something which might have but didn't happen (it being a 'life threatening fault').

 

You will find it easier to make a complaint via the financial ombudsman who are free for you - the insurer will have a complaints process allowing you to do this but they need the chance to investigate first.

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That is what you need to do now, is enter into some complaint communications in writing with Allianz saying that you are now thinking of issuing a County Court claim against them, due to the continuing issues with the Car, which were not fixed after the accident claim.

 

But your problem now is that it is sometime after the event and you have done 2000 miles since. You can bet that Alliance will now say that the issues with the car have happened since the authorised garages last looked at the car. This could well affect whether you would win in court.

 

If you want to stand a chance of winning in court, then I think you would need to obtain an independent engineers report for the car. They would need to find that the problems with the car relate to the original accident. If they don't come to that conclusion, you would face a real struggle winning any claim against Allianz. Because the engineers report would cost you money, you could ask Allianz whether they could arrange and pay for an independent engineers inspection to check on the condition of the car, in regard to the accident damage and the repairs that were done.

 

The alternative to court, is to go down the Financial Ombudsman Service (FOS) route, who will take ages to look into your complaint and you would be faced with having to get an independent engineers assessment anyway.

 

Remember that if you go down the court route first, you cannot then use the FOS.

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