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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
      • 162 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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letter before action - without prejudice save as to costs


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Hi,

 

Little bit of info required as to hich way to proceed I received a letter before action - without predjudice save as to costs , yesterday, dated 27th may

 

which i had 7 days to reply which has passed anyway

 

the letter was from lyons davidson solicitors

 

it says they are acting for LV in relation to the recovery of their claim incurred as a result of the above incident for which they hold me fully responsible :x

says IMPORTANT NOTICE - under the terms of section 152 of road traffic act 1988 we hereby give you notice of our intention to commence court proceedings unless settleent is received within next 7 days they are trying to claim just under £1800

 

they go on to say just send a cheque for the full amount within next 7 days made payable to LV within 7 days of date of this letter, Please note the sum claimed is without prejudice to any further claim LV'S insurance may have against me

 

The only thing i can think thhis is about is an incident which happened a few month ago - I contacted my insurance and heard nothing else - I had pulled up in my car and was about to get out, when i caught sight of a car coming round a blind bend I tried to pull my door shut again but the wind caught it and blew it open - the car didnt have time to stop (my opinion was going to fast) so swerved around me and side swiped the on coming car - no 1 was hurt and all give details -

 

i spoke to my insurance and explained what had happened and and they agreed it wasn't my fault and heard nothing more about it until this letter arrived on my door mat yesterday

 

any advice would be appreciated

thanks

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Pass the letter to your insurance company - that is what you pay them for.

 

My opinion would be that whether the wind blew your door open or whether you opened it yourself, the driver should have been prepared for the unexpected and have been able to stop rather than opting to cross to the other side of the road. That of course is still a matter for your insurer to haggle over.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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What it read like to me was that - my insurance refused to pay as it was not my fault - and the other driver is trying to claim the cost directly from me ??

 

can they do this?

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What it read like to me was that - my insurance refused to pay as it was not my fault - and the other driver is trying to claim the cost directly from me ??

 

can they do this?

 

Yes if they think you're at fault.

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They would have to prove their claim.

 

Your defence is simple. Claimant was negligent and did not drive in a safe manner resulting in them colliding with a third party. The collision had nothing to do with you.

 

Id love to see the POC when it arrives

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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They would have to prove their claim.

 

Your defence is simple. Claimant was negligent and did not drive in a safe manner resulting in them colliding with a third party. The collision had nothing to do with you.

 

Id love to see the POC when it arrives

 

The OP should not be filing a Defence herself. She needs to pass any claim form to his insurers immediately for them to instruct solicitors to act on the OP's behalf.

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