Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
      • 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
        • Like

Claim Repudiated because I made a mistake.


coppullcaveman1

Recommended Posts

October last year I had my van stolen. When the police came I told them the circumstances and wrongly stated that the van was unlocked. I believed this to be correct and even told the insurance claims handler the same thing.

 

Baiscally I was loading the van (box van with tail lift) with two other guys. I had hung my jacket up with the van keys in the pocket . We were up and down stairs loading up furniture. Next thing i know is one of the lads shouted the vans been nicked , it was literally just speeding off up the road , tail lift down and furniture all over the road.

 

Anyway this was in October 2016. I had told the police and the claims handler that I believed the van to have been unlocked.

 

Sometime in December between Christmas and New Year I was informed that the insurance company would not be paying out and would not be refunding any of my premium either!

 

In January I went to the Auction House where the theft occured and was asked about the payout on the van . I told the lads that were helping me load the van that the claim was refused because I had left the van unlocked. I still believed this.

 

One of tha lads then told me that he had wanted to adjust the tail lift and could not get in the cab to turn on the power as it was locked.

 

Obviously I was a bit peeved about this as I had told the insurance assessor and the police that there were lads helping me and could tell them as much as I could but neither were interested.

 

Hed either of them spoke to the lads who were helping me then my mistake about the van being unlocked would have been discovered earlier.

 

As soon as I realised there had been a mistake I wrote to ageas insurance .

 

The are not interested in looking again as I had told the police and them the same thing ... because I believed it to be true.

 

How can I force Ageas to listen , they have made the decision on incorrect evidence and even though the mistake has been pointed out to them , they are refusing to even speak to the guys from the auction house.

 

I want to go to the Ombudsman but Im not sure if they can look at the new evidence or will just look at what was said to the police and insurance claims handler.

 

Would it be worth correcting the mistake in my police statement ? Would a statement of truth help ?

 

The van was on finance and I have nothing to gain but everything to lose .

 

I thank you for looking and hope I can get some advice . Shaun

Link to post
Share on other sites

If the van was locked, how did the thief get in and steal it?

 

Do you still have all the sets of keys or were they in the van?

 

Two questions the insurance may ask.

 

H

46 years at the pointy end of the motor trade. :eek:

HMCTS Approved Technical Expert and Independent Motor Trade Consultant

Link to post
Share on other sites

I think that I would start off by going to a solicitor and swearing out affidavits – both you and your colleague explaining exactly what happened , why you made the mistake and what the story is now . Then supply copies of these to the police and also to the insurer as part of a formal letter advising them that the original story they had was incorrect and asking them to review the situation and the light of this new evidence . After that , come back here and let us know what has happened. If they still refuse then we will advise you on your next step .

Link to post
Share on other sites

I will try that Bankfodder , the location where I was loading was down 9 steps so after a couple of trips up and down I removed my coat and hung it on the door at the top of the stairs. My coat was stolen ... I suspect they were looking for cash , phones etc and found my keys . Without speaking to them I can only guess what happened Hammy.

Link to post
Share on other sites

I will try that Bankfodder , the location where I was loading was down 9 steps so after a couple of trips up and down I removed my coat and hung it on the door at the top of the stairs. My coat was stolen ... I suspect they were looking for cash , phones etc and found my keys . Without speaking to them I can only guess what happened Hammy.
. Did you mention the stolen coat in your statement to the insurer and stolen keys? An unlocked car I'd just a technicality if they have the keys anyway. Ageas are a lloyd's syndicate, go to their complaints department.
Link to post
Share on other sites

Where was your jacket hung up?

 

Do you still have the keys and do you have the spare set of keys?

 

. Did you mention the stolen coat in your statement to the insurer and stolen keys? An unlocked car I'd just a technicality if they have the keys anyway. Ageas are a lloyd's syndicate, go to their complaints department.

 

Ageas are not a Lloyd's syndicate

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...