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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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Damage Kwik Fit car park whilst in their hands


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Hi,

After leaving my car on a Kwik Fit bay I returned to be told that, after tyres had been fitted and car put back in car park, it had been hit by a vehicle (possibly a low-loader, but perpetrator not identified). Kwik Fit waived cost of tyres as good will gesture but Kwik Fit garages head office refuse to accept liability and my insurer (KwikFIT also, thats why I took it to Kwikfit to get discount) say they cannot pursue claim on garage. If I therefore get work done on insurance it will affect my no claims next year. I feel I am being stitched up after all the car was in their hands when I left and damaged when I returned. My insurance with Kwik Fit does include legal cover. Am I flogging a dead horse ?

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They have a duty of care and as long as they took reasonable steps and did nothing negligent like parking it a place where it would be suscepatble to being damaged; like across or near the entrance then it the risk will be yours. Do they have cctv, most do of the forecourt. check for camers and ask to see it.

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did they move the car? the driver should have motor trade insurance and hold a valid lievence to move cars even on there own land if its open to the public and if they didnt im sure he would of been breaking company policy and the company insurance wouldnt be valid.

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So you left it in a 'bay', they fitted the tyres and then moved it into their carpark ?

 

Is the cost of the damage repair more than the cost of the tyres ?

 

They should have public liability insurance, but it's not compulsory.

It doesn't matter about their insurers decision to not pursue, you can.

 

Get three estimates for repair of the damage, you don't have to use cheapo bodyshops, you can use bodyshops that your trust, and submit the lowest estimate to Kwik-fit.

 

You have the choice of claiming against either Kwik-fit or the employee that left it in the position to be damaged.

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On whay grounds are your insurers refusing the claim if you are fully comp.? then it is covered; usualy includes for garage employees to drive while under repair.

I would submit claim in writing to Kwik fit branch and ask them to refer to their insurers and give them 7 days to repond or you will start legal proceedings for recovery of cost.

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