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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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Incident Management Solutions withholding £1500 of £6.5k written off car payment they received- **RESOLVED TO FULL VALUE**


finaldj

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Our car was written off while parked outside the house by an insured driver who lost control on boxing day.

 

He admitted fault and we got an offer of £6.5k. It has taken 4 months to finally get paid out even though the guy admitted fault right away.

 

IMS have been very slow in dealing with the situation. This company who seem to deal with a lot of claims lately have an unclaimed trust pilot account but 99% of posts are 1*

 

My wife was insured with SAGA but found out AXA were actually who she was insured with. They contacted Enterprise car rental to deal with the hire car and they appear to have dealt with all the other companies tasked with getting the car looked at and taken away. They also passed the claim onto IMS who have been dealing with the 3rd party to get the claim going.

 

As already said above they offered us £6.5k for the car. £3.9k was going to the finance company the rest to us. They haven't been chasing the 3rd party and my wife ended up calling the 3rd party to find out what was happening to find it had been lost in their system but they did say the last time IMS contacted them was mid January. My wife has been calling IMS every other week to chase it up and they have been saying we do contact them but they don't respond. So we found out it was all lies.

 

As soon as the 3rd party saw the file had not been picked up they paid IMS the £6.5k within 3 days. IMS kept the money a further 3 weeks before my wife had a go at them this week.

 

They have made a payment to my wife yesterday and it's £1500 less than it should be from the letter they gave us in February stating the value of the car is £6.5k.

 

They have told my wife the value of the car has gone down in price since February so they have given us the difference in price. She said you got paid £6.5k from the 3rd party for the value of the car so what has happend to the other £1500 and they have said it goes towards the costs of the hire car they charge them.

 

They have said the letter of value they sent 2 months ago reflected on the current market value if we had been paid out there and then is subject to change as time goes on.

 

How does this work? they are refusing to pay the rest out and I've seen reports on Trust pilot they are an unregulated company so does this mean we can't take it further with the obudsman?

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My wife thought she was insured through SAGA but found out that they are just the broker and AXA are the actual insurance company.  IMS are https://www.imsolutionslimited.co.uk/

 

IMS came about after Enterprise were tasked with dealing with the hire car, but they appear to do more than just that now. They were tasked with finding a company to come out and look at the car and either fix it or write it off. Enterprise also were tasked with a company from York to collect the car and put it in storage. But the car was deemed a write off from the company that came out and looked at it.

 

Enterprise once they got the report back passed the claim onto IMS "Incident Management Solutions" who dealt with it all from this point forward. I've read online that IMS appear to be the go to now for a lot of insurance companies.

 

They only work Mon - Fri 10am-4pm and you'll be on hold for a good 2hrs each time you call thats if they don't cut you off half way through.

 

My wife has been onto the them again today and a manager is supposed to be calling today or tomorrow they said to discuss the £1500 payment.

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  • dx100uk changed the title to Incident Management Solutions withholding £1500 of £6.5k written off car payment they received

Complain to SAGA as they arranged the policy.

 

Once a write off value is agreed, that is the basis of settlement. It is value at time of loss and not time of claim settlement.

 

And the hire car costs would be a claim against third party in addition to the write off value at time of loss.

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  • 2 weeks later...

well done

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Incident Management Solutions withholding £1500 of £6.5k written off car payment they received- **RESOLVED TO FULL VALUE**

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