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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
      • 161 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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Insurance payout advice


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I am getting conflicting advice from friends about this issue. I am hoping somebody can end my confusion.

A couple of weeks ago I took my Mum out for her birthday. Another driver scratched the front passenger side near the bumper of my car as it was parked up. There are no dents just quite severe paint work damage. He scraped his car against mine. The other driver drove off.

Luckily there was 2 witnesses who got the other drivers reg number. Cut a log story short the other driver said he didn’t realise he damaged the paintwork on my car. He has however admitted liability. His insurance is paying out.

Last Thursday my car was taken away to have the paintwork done.

Today I been told my car has been put down as a total loss (not a write off).  As it is only paintwork damage and not body work or mechanical damage, I don't understand why it has been put down as a total loss.

I have been told by the insurers I can either write the car off and receive payment to the value of the car or I can take a lower payment and get the car repaired myself.  

I am getting conflicting advice from friends. Some are saying if I keep my car and get the repairs done myself the car will then be classed as a category S or category M and I will no longer be able get insurance on the car as it will be classed as written off. As it is only paintwork damage and not body work or mechanical damage, I don't understand that.

My questions are 

If I take the payment to get the paintwork repair done myself will I still be able to insure my car when the insurance is up for renewal?

If I take the payment to get the paintwork repair done myself will my current insurance policy be voided?

If my car does get classed as category M or S will the stop me from selling it on the future?

Thanks

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if it's a total loss but not structurally damaged it'll be Cat N.

 

Of course you can insure a Cat N car, there are loads about that have been repaired. It's unlikely that your current insurers will insure it, however. 

It is also normally more expensive to insure a Cat N car. Get on to some brokers and run the numbers.


 

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Doubt the uneconomic write off would be registered, unless you agreed to accept write off settlement of the claim. It is just cosmetic damage.

All that has happened, is that the car has been looked at and they realised the repair costs are going to exceed the value of the car.

If the car is perfectly driveable with no upcoming normal work required to pass next MOT, your current Insurers will continue Insurance and you can accept an amount from third party Insurers to go towards you repairing the scratched bodywork.

 

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Posted (edited)

I can only speak from personal experience. But a similar thing happened to me. Seriously dented door.  I made the other insurance pay. They regarded it as a write off. Took the money, replaced the door. Never heard anything more about it. 

 

Except clearly someone sold my details to claims company, because I got loads of calls in bad English for a few month's 

Edited by Mycathasfleas
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