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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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Goskippy and auxillis car hire charges


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I don't understand your post  so I will try to figure it out as follows.

 

Your Sister only has Third Party cover with Go Skippy, which does not cover damage to her own car.

 

Under her Go Skippy policy, they put her in touch with AX who are an accident management and credit hire vehicle provider.

 

 AX only provide the Courtesy (credit hire ) car because they thought the third party driver may be at fault for the accident.   And your Sister did not have a car that was in a roadworthy condition and the car remains unroadworthy because your Sister does not have the savings to pay for the repair.

 

AX are not providing a courtesy car.  They are providing a fairly expensive hire car on the basis that they hope to recover the cost of this from the third party. 

 

AX are wanting the Bank statements from your Sister, so when they try to recover the Car hire costs from the third party, they can justify continuing to provide the hire car, on the basis that your Sister cannot pay to repair her own car.

 

At the moment, the third party Insurer Admiral are disputing liability for the accident, so at this point AX are trying to limit the potential debt liablity for the credit hire car that your Sister will owe them.  If Admiral are never held liable to pay for the repairs to your Sisters car and the Credit hire car, then AX will be trying to recover the Credit hire car cost from your Sister.

 

Based on your description of the accident, it indicates the third party was at fault, but were they 100% at fault ? 

 

I think your Sister needs to speak to AX to ask them why Admiral considers their driver is not 100% liable for the accident.  AX are supposed to be providing an accident management service, so what are they doing to help her.  I think she needs to ask AX this question.

 

 

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I think your Sister needs to check carefully what she agreed to with AX.  They are providing a car on a credit hire basis, but what is the daily rate for this hire ?

 

I think your Sister needs to consider other options.  Can she do without the hire car ?  Can she hire a car for a cheaper rate elsewhere ? Can she find ways to pay for the repairs ?  Can she borrow a car from friends/family when she needs one ?

 

Even if your Sister is found 0% liable for the accident, it might take months before Admiral agree to pay anything.  And they might refuse to pay some of the credit hire costs.  Your Sister could find herself owing a large debt for the hire car.

We could do with some help from you.

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Work out the cost to date.  How many days hire so far ?

 

What car did your Sister have that was written off ?

 

Is the hire car similar to your Sisters car ?

 

These credit hire companies are just trying to make money providing expensive hire cars.

We could do with some help from you.

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Car value apparently £2200. ( post #3 )

 

Car hire possibly £3000.

 

Wonder why the third party Insurers Admiral are refusing liability to pay !

 

Not sure ths is really about who is at fault for the accident, but is more to do with AX and their expensive courtesy car.

 

Pretty sure this claim would have been settled by Admiral, had the Sister dealt with this claim not using AX.

 

Think that a complaint to AX should be made, but possibly after sending them an SAR to request all information including any phone call recording where any courtesy car was discussed.

 

 

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  • dx100uk changed the title to Goskippy and auxillis car hire charges
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I will have a think about this and come back later.

 

AX have provided very poor information in this case, if they told you that you had a good chance of claiming everything back from the third party.

 

If you were travelling at 30mph on a road which had ice and snow, this was arguably too fast for the conditions.  I would also question the visibility conditions e.g light level, parked cars.

 

AX arguably had a duty to explain that liability for the accident was not clear and that they could provide a hire car, but if you were found party responsible for the accident, you would have to pay some of the hire car costs, plus the daily rate of hire car etc.

 

SAR to AX is a must, asking for copy of the phone call recordings and claim information on their systems.

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@Gemma19194

 

Having checked the AX website FAQ, it appears they now offer the hire car on a no win no fee basis, providing you complied with their terms and conditions.  Just make sure this is what your arrangement is with them and make sure you ask them how you can comply with their terms and conditions

 

What is Credit Hire and Credit Repair? (ax-uk.com)

 

 

Quote

Will it cost me anything, or is it a free service?

We pay the charges for you, which is why it is called Credit Hire, so you don't have to. 

You are legally responsible for the hire charges, but we will claim them on your behalf from the fault party.  

If we are not able to recover the hire charges from the fault party, provided you have complied with the terms of the rental agreement (which includes co-operating with us throughout your claim), the hire charges will be written off.

This is known as a contingent liability or, simply, no win no fee

 

 

We could do with some help from you.

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