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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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Car insurance and claim issue


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Hi All

 

I hope someone would be able to help me with this matter!

 

I was driving to work the other day and it was 6 in the morning and it was dark and raining and visibility was very low and I was driving on a country lane. I mis-judged one of the sharp turn and as I tried to steer my car into the bend, the rear wheel hit the kerb and my car got out of control and slipped and then I hit the garden wall (yes!! if you were thinking like me that who are the idiot people who hit someones wall....thats me!) Needless to say that the garden wall was knackered. The house owner was a nice guy and he called the police. The police came and took all the information from me and then told me dont worry these things happens and then gave me a lift to the nearest train station as well :)

 

I called my insurer the same day and told them everything how it happened and they said dont worry we will take care of any claim that will be raised by the third party. I received another call next day telling me that my car is write off.

 

I was thinking that everything is settled now, until I received a letter from my insurer today. It says:

 

We have examined your description of the accident, together with any other information supplied to date, and regret to advise you that we feel it is unlikely that we would be successful in fully defending the third party's claim against you. This conclusion is based on our experience of handling other motor vehicle claims and the approach of the Courts in deciding issues of liability in such circumstances.

It is therefore our intention, given that we have to keep commercial considerations in mind, to deal with the third party's claim now, on the most economic terms that we can.

 

I hope that someone would be able to shed some light on what this letter actually means and what options I have?

 

Thank you

 

It means that the insurers will not try and fight the house owner's claim against you (and thus against the insurers) for the damage to the wall. No surprise for you there, as you accept it was your fault!.

 

Options for you? none really, just let the insurers settle the claim. Your NCB may decrease if not protected, and you should expect your premium to rise even if your NCB is protected as your 'baseline' premium may well increase even before NCB is taken off.

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Ohhh...I was thinking that insurance are not going to settle the issue and I have to pay for the damage of the wall??? Is that not the case?

 

Where does the insurer say "we won't be settling this"? They haven't said that at all.

 

What they actually say is "It is therefore our intention, given that we have to keep commercial considerations in mind, to deal with the third party's claim now" - that THEY will deal with the house owner's claim.

 

You asked the question. I answered, explaining my answer.

Why do you disbelieve my answer?

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