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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
      • 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 Problem, Please Help !


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Hi everyone,

 

Firstly, We have a hole in the bathroom ceiling that was first found in January 2007, we have a shattered double glazed upstairs window pane from which we came home from work to find in this way, we also got flooded under the downstairs flooring recently (from these heavy floods). We moved into our property over 2 years ago and have had this insurance company since we moved here.

 

Someone came from the insurance company to look at our damage and went away...We then got a phone call stating we have to make 3 separate claims, therefore having to pay the excess three times (3 x £100). We wanted 'one big claim'. They said it was FLOODS ONLY that they are paying out for, which wasn't the agreement we took out !

 

They said they probably wont pay for the ceiling anyway and we can get the window fixed for around £100, so defeats the object really.

 

What are we actually paying the insurance company for ? It was 'Home & Contents' - in which the home is what got damaged !

 

Is there anything we can do ? Are they ripping us off ?

 

Thanks again,

Lindaaa

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Basically yes - the splitting of claims is common as it works to their advantage, you need to be able to convince them that the insured 'event' is one and the same, not cumulative. They'll be dealing with Floods as a matter of priority due to the recent problems, so you may find not urgent claims are temporarily shelved. Since it is probably impossible to link them, get as much as you can from the flood claim and remember ALL insurance companies work this way.

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Hi,

 

Thanks for the reply. All are linked in a way as the heavy rain came through the ceiling, caused the shattered window to fall out into the garden and obviously under the downstairs flooring.

 

A drainage/flooding company called Rainbow are going to be sent by the insurance company, so we cannot ask for more money as they are working alongside them. Could we just choose who we want to inspect the flooring ? The guy on the phone did seem to go a bit quiet and was lost for words when we challenged their decision...

 

Best Regards,

Lindaaa

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It's a stretch, because if the rain came though the roof then it would not be in good order so whilst they may agree to settle on that basis, they may insist on a re-roofing (at your expense as it's fair wear and tear). You do not have to accept their repairers unless your contract/policy specifically gives them this right - but you may have to get up to 3 independent quotes, and at times like these, firms are too buy trying to get the work done than doing quotes for work they might not get!

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I have to correct what buzby said - it has nothing to do with the insurer wishing to work to their own advantage.

 

How did the hole in the ceiling in January contribute towards your house being flooded 6 months later?

 

You are insured against specific insured events so as 3 individual events have occurred you would be liable to pay 3 excesses. This is completely correct.

Cahoot - Rejection of offer sent 14/06/07

 

Barclaycard - S.A.R - (Subject Access Request) sent 22/03/07

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The rain only came through the ceiling when the heavy rain came (during the floods). We noticed a slight hole in January, that got bigger when the heavy rain came.

 

I was just wondering what our monthly payments to insuarnce are for ? I don't understand why we have to make 3 separate claims, when its all at the same house, all water damage and all with one company.

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The rain only came through the ceiling when the heavy rain came (during the floods). We noticed a slight hole in January, that got bigger when the heavy rain came.

 

I would class that as a contribution...Don't worry we want to do everything 'by the book' and its not an 'insurance job'.

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It is all based on an 'insurable event', the other considerations are not relevant to the company (appalling, I know). Although the floods exacerbated the leak, it was pre-existing and should have formed the basis of a claim then, not rolled up with others. If a loss adjuster attends, we may well rule that the hole did not appear as a result of the flooding, and block any claim for this work - this would make the excess per event seem quite reasonable.

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In essence you could find that no cover is provided for the further damage (following the original hole) as you have done nothing to correct the pre-existing damage.

Cahoot - Rejection of offer sent 14/06/07

 

Barclaycard - S.A.R - (Subject Access Request) sent 22/03/07

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