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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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Mistaken (at best) Insurance Claim


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When I worked for an insurer we had quick access to MID which you just type in a vehicle registration and accident date and it tells you the insurer details and policy number. DVLA or HPi searches had to be separate (because they cost more money - £1 or £2 a go each if I remember correctly) but gave you much more info.

 

As for the claim it smacks of fraud purely because solicitors have been involved so early.

 

Sounds like Scott Rees are floundering (nothing new there lol) but remember the onus is on the claimant to prove their claim against you. And you have solid proof your vehicle wasn't involved in the alleged accident. SR will soon knock this on the head.

 

The impact on your insurance is an inconvenience but direct line seem to be on the case so nothing to worry about at this time.

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  • 3 weeks later...
Well, my insurance company has just told me that the claimants have identified the vehicle involved in the "accident" as being the same make and model as my car. Either the solicitor was sloppy when the looked up the reg or the claim is fraudulent.

 

In any event I'm off to give a witness statement to the police.

 

I wouldn't read too much into that.

 

With a vehicle reg and knowing where to look on Google you can find out the make, model [http://www.eurocarparts.com/car-parts], colour engine size, when the tax is due, the amount of tax, whether or not it's been paid [https://www.taxdisc.direct.gov.uk/EvlPortalApp/app/enquiry?execution=e2s1, and whether the vehicle had insurance on a specific date [http://www.askmid.com/]

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Ultimately I don't think you have anything to worry about as you can prove the vehicle wasn't involved in the accident.

 

Like you said its the being kept in limbo issue that's more of a concern, but whilst I sympathise I don't really think there's much you can do except sit back and let your insurers deal with it (which is annoying).

 

"Yep I know that and I think the claimants got the details either from those sources or from the Autotrader ad that was running at the time." - Alternatively they could have genuinely been involved in a hit and run and taken the reg down wrong as the other driver sped away. It's impossible to tell. Are they alleging a hit and run? Have your insurers asked them for a description of the driver?

 

I tried something out on the above websites. My car is a grey Alfa Romeo Mito. I changed one letter in the reg and did the searches again and it reveals a Black Vauxhall Corsa. Similar-ish sized cars and in the panic/shock of a collision you might not have got a good look at the other vehicle as it drove off, and remember if its driving off you'll be more concerned about getting the reg down instead of trying to ascertain the make and model. If one reported it to one's insurer a few hours later being hit by a a dark coloured hatchback and gave either of the two reg's it would seem legit.

 

Its hard but you have to focus on what you know for sure i.e. your vehicle wasn't involved. Worst comes to worst (I think its' unlikely to go this far) and they issue court proceedings, your insurer's nominated solicitors will file a full defence putting them to strict proof that your vehicle was the one involved which they won't have. At the end of the day they're the claimant and its initially up to them to prove your vehicle was involved, and not for you to prove it wasn't.

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"I think it's pretty clear what their agenda is and I intend to respond in kind."

 

Well the good news is that if the solicitors are intent on issuing (which is presumably why they asked for your name and address for service) that means Direct Line aren't going to pay :)

 

Have Direct Line hinted at when they'll pass to their solicitors? In cases I guess they'd just wait for the other side to issue proceedings.

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  • 3 months later...

I know how long it can take to get instructions from a Client, sometimes they just don't play ball. At a pre-issue stage it just protracts the whole affair however if this gets to Court there will be deadlines to keep to so the other side solicitors will have to do much better.

 

What's surprising to me is that the other side solicitors haven't approached you to prove your car wasn't involved in the accident, given that's the dispute. If I was that solicitor, regardless of whether I had instructions from my client or not I'd be on the phone to DL asking for evidence from you that your car wasn't involved. That would allow me to assess the strength of your defence before taking this to Court and advise the client accordingly.

 

Do you know what they're claiming for, is it just injuries or is there damage and car hire as well? (apologies if you've said this before)

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My suspicion is that the Solicitors are part of this attempted fraud. As soon as they hit on any problems, they play a game to string it out, so that they are not caught before moving on. There have been plenty of prosecutions for Motor Insurance fraud, where a gang of people have had Solicitors and Doctors working with them, taking a cut of the money they manage to get out of Insurance companies.

 

You're right it could well be that...

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