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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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terrible experience with hastings direct


juzza
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This from the Ombudsman should help you.

 

"16. salvage of the "written-off" vehicle and contents

 

When a vehicle is “written off”, the insurer becomes the owner of the salvage once the consumer accepts payment of the full market value. If the consumer asks to keep the salvage, the insurer is entitled to deduct what it would have been able to sell the salvage for – though this is usually not very much.

 

Consumers sometimes complain that the insurer (or its agent) disposed of the salvage before paying the full market-value. At this stage, the vehicle still belongs to the consumer, so we look to see if the insurer asked the consumer’s to the settlement of the claim – even if the insurer says it was only acting in the public interest by keeping a badly-damaged vehicle off the road.

 

If we find the insurer disposed of the vehicle without the consumer’s consent and there were items belonging to the consumer inside, we are likely to tell the insurer to pay the cost of replacing these – usually on a like-for-like (rather than a new-for-old) basis.

 

If we think that the policyholder was unfairly deprived of the salvage, we may tell the insurer to pay compensation for any financial loss or distress and inconvenience we think the consumer has experienced."

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/motor-valuation.html

 

Read the whole link as it will help you.

 

As others have stated the car is still your property until they pay you, I would be inclined to send them an "Official Complaint" re the missing Sat Nav and Child seat and the additional costs you have incurred due to the actions of their agent (They're responsible for their agents actions).

 

Be aware that Hastings do not usually allow their customers to retain the salvage of their cars. The vast majority of Insurers would allow you to keep the salvage in these circumstances

 

Unfortunately you have had the miss fortune to insure with Hastings

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Might be worth going along with the "right off" but ask hastings to buy the car back. If they think it's a total loss, they shouldn't ask too much for it :razz:. Might be able to make a profit if you do it that way around.

 

Also did you get your sat nav and car seat back from the rescue company?

 

Unfortunately for reasons best known to them, Hastings do not allow you to buy your written off car back.

 

OP have you asked Hastings for a "cash in leiu" payment for your car to enable you to repair it

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