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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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Claim on Building (house) Insurance


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This is a bit complicated and I wonder if anyone can advise about an appropriate course of action.

My wife and I act on behalf of her 88 years old widowed aunt who has a circa 1926 3 bed semi in Manchester. We take care of all her affairs as she is unable to cope.

Last July I renewed the building and contents insurance, as I have in recent years, but changed the insurance company.

Last August I noticed a quite wide crack (wide enough to insert fingers) in the brick dividing wall between the front room and the hall. The crack has torn the wallpaper in the front room but is not evident on the hall side.

Although I had not seen the crack before (I don't often visit) it did not appear to be of recent origin.

We got in a structural engineer who found cracks to front and rear exterior walls and dishing to the upper gable. He suggested the house needed underpinning, costing about £15k.

I contacted the (new) insurance company who sent round their own surveyor (loss adjuster). I supplied a copy of our engineer' report.

After 6 weeks hassle from me the loss adjusters said the insurance company would monitor the cracks but would not pay for repairs as the damage obviously preceded the start of the insurance policy.

I was able to point out to them the ABI Agreement for dealing with such claims when there has been a change of company.

So the loss adjuster came again, this time with a building contractor who dug a couple of holes and lifted some floorboards. The upshot was that he found a complete fracture of the sewage drain spur pipe where the soil stack joins it, so that every flush of the bathroom toilet results in a water escape into the subsoil. Apparently, this makes the subsoil spongy and unable to support the structure - hence the wall cracks at that particular location. They agreed to mend the fracture and in fact are at present doing it.

As for the internal crack (and cracking over the porch), they say this is due to 'differential movement' between the external perimeter wall, which is built on footings, and the internal wall, which is built on the oversite. Therefore there is no need for underpinning. They have agreed to monitor all cracks and will repair rear cracks once stability has been established.

Our own engineer has been made aware of the situation and stands by his report.

So we have a conflict about cause and effect, with possibly a substantial amount of expense involved. Can anyone help to resolve the matter? I have thought about engaging another structural engineer - but where does it all end?

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Follow the Insurance Companies complaints process, advising you want the house underpinning, once they have issued the Final Decision Letter go straight to the Ombudsman.

 

For your peace of mind you can get a second opinion - If this second opinion also states that the house needs to be underpinned I am sure it will be resolved quicker.

 

Good Luck

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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