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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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small accident, what to do?


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Driving home last night I contacted wing mirrors with a car coming the opposite way.

The wing mirror folded in and the glass popped out. Very minor damage. 

I stopped at the next layby (A road) to repair the mirror.

A passerby stopped and said they saw the other car stopped behind me in another layby - they went back and passed over details so we could get in touch. 
The conversation started cordially, but quickly got heated when I said I was well on my side and they drifted over (which is what happened). 

I wasn't going to bother filing a claim as there isn't enough damage to justify it. I've said to the other party lets just call it quits as there are no witnesses and we both think we are innocent.  

they said they are contacting the police and insurance and that they have witnesses. But a quick facebook search found a post by the other person saying they were in a crash, and were 'spun' off the road. Picture of a broken wing mirror and a slight scuff on the front and rear wheel arch. they are asking for witnesses.

I have screenshots of the post, and sent them another message saying I can see you don't have witnesses as you are appealing for them.

I'd really not drag this out. Lets call it quits and move on. this was followed by a couple of messages that didn't really make much sense. e.g. 'do the right thing'.

What should I do now? 

Contact police? 

Contact my insurance?

- Can I tell them about this incident but say I dont want to claim?

Will that affect my premium?
 

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if your ins co catch wind of it your premiums will go thru the roof.

as for the police, unless there are any injuries/accusations of dangerous driving etc, it a run of the mill event and unreportable.

no dashcams?

my neighbour's son had almost the same on the A9 last year, went on for months then i said search social media, has the car a dashcam.

luckily the other driver was on several facebook ford ST car groups with pix and videos and he spotted it had a dashcam fitted.

when he said show me your footage of me driving poioly and i'll pay to fix your car......everything then went very quiet....

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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unfortunately no dashcams, but I have now ordered one (a case of shutting the stable door after the horse has bolted). 
They have no dashcam either. Its my version of events vs. theirs. 

The only thing I'm concerned about is if they do file a claim, and I havent told my insurance company, would that put me on the backfoot as far as them winning?

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Read your Insurance policy. It will say you have to report all accidents with a certain period of time.

If you fail to report to your Insurers, if the third party does make a claim and your Insurers are contacted, you will he contacted by your Insurers stating you have failed to meet the terms of the Insurance contract. The Insurers still have obligation under Road Traffic Act to deal with third party claim, but when your Insurance is due for renewal, they may refuse to offer you further cover.

Best to inform your Insurers, because the third party appears to be wanting someone to pay for car repair. Or worse they will try to say they suffered an injury.

Yes you will see an increase in premium at renewal, but not reporting may mean you end up in a worse position.

 

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Posted (edited)

thats a good point. I've attached the policy but can't see anything about reporting accidents being mandatory. Unless I'm missing something? 
this is only the policy document. But I can't see it being in any of the others (list below)? 

Schedule & IPBY
Shows the details you gave us when you bought your policy. Includes main and additional driver details, add-ons and excesses.
Insurance Certificate
Proof of your vehicle insurance. It shows who's covered, your vehicle use, and any cover exclusions.
Insurance Policy
Explains the terms and conditions of your cover.
Credit agreement
Outlines the terms, payments, and interest of your credit agreement.
Important Information Document
Outlines fees and charges, how your data is used, and how to ask for documents in different formats.
Insurance Product Information Document
Details of your cover and exclusions.
Direct debit information
Details of your Direct Debit, such as your collection, bank details, payment amount and your Direct Debit Guarantee
Pre contract credit information
Outlines the key features, costs, and legal details of your credit agreement.
Adequate Explanations
Details of your credit agreement.
About our insurance services to you
Details about our vehicle insurance, service standards, and regulatory status (and the status of any intermediaries)
 
Edited by puma85
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Page 33 general conditions 

"Your duties
You must contact us as soon as reasonably possible and provide all the information, 
documents, evidence and help we need to settle your claim or pursue a recovery."

Some policy wordings are more specific than others. But even in this policy example, this Insurer may decide not to offer renewal, if they are not informed of a potential claim, if they find out from third party first.

It is your risk to take. Do nothing and you may never hear anything further or the third party armed with your registration number makes a claim and your Insurers are contacted. Then your Insurers see you as someone who is careless.


 

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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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