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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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does insurance cover?


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Hi

My Son has gone away for weekend, driven through a ford. Water has gone into exhaust and car cut out.

He got pushed out and managed to restart engine, let it run for about 5 mins to blow any water out but suddenly

The airbags have deployed and broken windscreen and hurt his arm. He will call AA in morning to get him and car home.

 

My question is.... will his insurance cover this. He has fully comp.

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It would be an own fault accident claim, so he needs to speak to his Insurers and they will advise him what he needs to do. It is all part of the same claim, replacing the airbags and replacing the windscreen. The Insurers may want the car taken to one of their authorised repair centres, where they will do all of the work. If he tries to make his own arrangement it could end up costing him more, because the Insurers may pay what it would have cost them for the work. Also using the authorised repairers or getting the Insurers to sort out the work may make it easier.

 

Main thing is, he needs to speak to his Insurers and follow what they advise.

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It should generally be covered, though there are one or two insurers at the cheaper end of the market (Admiral spring to mind) have a clause which says that they won't pay for any additional damage that you cause by attempting to keep driving after an accident. Not sure whether it would apply here, but if his policy does have such a clause I can see a possibility that they might argue that the original accident was the driving through the ford and flooding the engine, and thus the additional damage might not be covered. He should check his policy to see if there's a clause like that in it, and if so be ready to have that argument.

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