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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.

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      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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Changed windscreen by insurer damaged


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hi, not sure if right group heading. My insurer was hastings so outsourced windscreen change to national windscreens, who it appears further subbed out to Collision Repair Group-

faulty windscreen, deception, cant sell car as wanted to in dec last year, so now a drop in value also

 

Chronology

5 oct  21 changed screen after stone chip.

noticed some water in my car footwells over next two week, took videos , two inches worth had built up had to be special vacumed out and car stank was damp for weeks after the valet

because was new windscreen locator pin, trapped and bent by incorrect fitting letting water go down inside of screen behind dash to floor.

 

16th oct same engineer came and refitted same windscreen by snapping off locator pin (admitted by him), but it whistled loudly from that point on, sent in videos

 

Called them back in November, another engineer came said he was master fitter and it will be perfect when hes done, found holes in seals and incorrect fitting of screen, refitted same screen again

 

it still whistled  (videos of noise and complaints constantly sent to company)

 

engineer 3 and fourth visit, in jan 2022 didnt remove screen just put extra glue at bottom, which did nothing, but telling me he identified more holes etc- this is the interesting part, he goes out of his way to point our some black spray marks ( my car is brand new 70 plate and valeted one week before) on top corner of my bonnet, i said ive not see before but 'he wanted to make sure i didnt think he did it' 

 

car still whistles, further videos sent to company, asking why they are not changing the screen i know is damaged, they refuse.

Get a phone call after last engineer  left from company, saying engineer reported back, nothing wrong with your screen, he doesnt know why he was sent, they will not attend my property again- i said that is not the conversation we just had that morning! what was person on phone name etc can i speak to manager- he refused to give me this information

 

ultimately manager rang back from company 200 miles from me , starting conversation with, 'hi, i know you and where you live, ive just been googling you etc, and a way to intimidate me!

i asked how , 200 miles away social media private etc, he wouldnt answer.

 

at this point ive now just escalated to Hastings the insurer to deal with.

 

But this is the interesting part, not only is my windscreen faulty the black spray on car bonnet requires a respray, and has been identified by local screen fitter as windscreen glue, thats eaten into paint and will need to be resprayed- 

so i went to my ring cameras and cctv and lo and behold you can see the engineer on that day, flick a spatula of glue on the exact corner, vigorously try to clean it off over proceeding 20 minutes, and then lie to me on camera that he didnt do it- ive forwarded this to insurer.

 

im at a loss here, now what to do , ive told collision repair to not contact me again as going through insurer, and they lie and intimidate me only, caught on recorded calls and cctv.

 

but i cant sell my car, none of this is my fault, dont want a claim lodged against me for a windscreen change gone wrong, what legal redress do i have here apart from going to ombudsman

 

sorry for long post

 

 

 

 

 

 

so ive escalated and raised complaint to hastings 

 

 

 

 

 

 

 

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Thanks for responses - insurer said splitting complaint into two halves 

 

1) to sort windscreen and paintwork (I said I need new one by someone else - not them people

 

2) my treatment by this firm 

 

how long do I give them , in my mind , just book me in elsewhere and get it Sorted ie what am I waiting for ?

 

where would I go for independent inspection ? (Another windscreen Co) Because surely this is going to cost a lot of money I shouldn’t have to pay for someone to take off and inspect windscreen , paintwork easy enough to get report on 

 

How long do I give them to book me in elsewhere for screen and paintwork before getting independent inspection ?

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Ok, will look into that thanks 

I’ve put the insurers on notice too 

 

what I find so frustrating is fighting so hard , I’ve just sent my ring camera conversation of them talking to me at door admitting screen is damaged by the snapping off of locator pins , followed by , this is standard practice by us fitters , locator pins aren’t necessary -

so why have them then / damage is damage , according to my research they are essential for positioning and even a 1mm drop in screen can result in gaps and whistling 

 

it’s like banging your head against a brick wall 

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Still no response from insurers -

I’ve emailed , asking why is no one contacting me to organise screen repair / replacement and get car booked in for paintwork ? 
 

nothing. -

 

out of interest i did swing by a car bodywork place - who again confirmed , This primer from windscreen fitters is flicked on my car bonnet and would be happy to put in a letter headed report if required - 

 

 

but I need to get the ball rolling , and still no 

communication from insurers ,I can’t afford to sit around for 8 weeks to escalate to ombudsman - unable to sell my car while it continues  to

devalue 

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  • 2 weeks later...

still no response- im just being ignored

car still damaged in driveway, i dont have the money to pay privately to change windscreen and get a respray and then claim back through the courts 

 

how do i pressure them to fix my car they damaged through their authorised installer

 

ive sent all the evidence and cctv - its really a slam dunk, there can be no argument -i dont know what the hold up is.

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not done it yet, they said in call two weeks ago, they will get another company to come and fix new screen etc

so ive waited then radio silence , 

 

emailing and calling, no response

 

now rang again this morning and she will call me back after 'training'

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still awaiting paint quote, should come through today

 

they returned my call, and refused to agree to fix my car, as they had 8 weeks to investigate (4 weeks in already)

 

i said , investigation and complaint is almost irrelevant, you have damaged my car and need to fix it now

ive sent reports and CCTV of damage being done and cctv of agents admitting its a damaged screen in my car- so you cannot refute that your agents caused the damage no matter how long you investigate

 

so still cant sell car and dropped another 2k in value, i did ask them where i send my letter of claim, and now they seem to have transferred to another senior advisor 

 

 

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Independent company windscreen fitter been, is preparing quote to remove, find installation fault , and also quote for new windscreen if this one cant be used- he also saw and has pointed out , the inside headline on my car has black glue on it and has been cut on the other side too (ive taken photos of this ) and will need a new headliner too!

 

so once i have two quotes/reports i plan to send to insurer.

Do i say this must be fixed within xx amount of days ie 14

or i shall authorise the work myself and court claim

 

bonnet respray £xxxx

new headliner £xxxxx

windscreen repair /replacement £xxxxxx 

diminuition in value £6000 as couldnt sell in dec when took delivery of new car (if this can be claimed )

 

 

 

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they wont answer my question about getting car fixed, they just say, we have to do an investigation and we are allowed 8 weeks to answer -to see if we have to fix it at all

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Just don’t want it to be a defence to a

court claim - that they weren’t allowed opportunity - just trying to cover all bases 

 

as far as I’m concerned -

car is damaged -

needs to be fixed by them

irrespective of investigation -it’s their responsibility to fix my car - just trying to take the correct steps 

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yes they do-

i thought it was worth doing as it explains why im claiming (what got me to this stage) what evidence i hold

 

and maybe goes to a different dept ? who isnt going to go through the whole case file probably and just read letter in isolation

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will hang fire a second , suzuki have agreed to take in tomorrow and do comprehensive report 

and lift carpets dash etc, for flood damage when it was under two/three  inches of water for a week when first installer chap, trapped locator pin and water ran down front of my windscreen on inside  (admitted by installer and two videos) as car still condensates and is a little smelly

 

they said , there may be rust, corroded parts , airbags maybe affected etc 

they will also type up about the headliner damage as they said photos i sent are such sloppy damage thats happened

 

prob is now keeping this claim under 10K

 

 

 

 

 

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  • 3 weeks later...

Still awaiting water damage video -

it’s being done Monday,

but Early indications, seem to point to no water damage 

 

 

so update is 

still no response to

complaint by Hastings due by Monday for 8 weeks 

 

but been contacted today from hoopers to say they have been asked to independently

assess vehicle, but trust pilot reviews are awful and says they are not independent 

 

my main question is about evidence 

 

so I have 

 

videos of water coming in car from first screen fitting , cctv of fitter flicking black primer and Mastic on bonnet and trying to clean off , cctv of fitters admitting it’s still whistling and parts snapped off windscreen on last visit 

and photos of headliner damage 

 

so if assessor comes out and says nothing wrong or damage not made by the fitters or fault insurance , and I inform him on cctv camera (what evidence I hold before he starts) then Surely he would be committing a fraud 

 

just trying to prepare for them trying to wiggle out of it 

 

I mean I’ve sent all the concrete evidence

so why do they need another assessment ? 

 

 

 

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I was maybe thinking , if he knew he would write report accurately - and insurers would deal with and fix 

 

rather than do a

standard denial type report , to get out of it 

which I then completely challenge with the cctv and prolong the agony of this drama 

 

I never thought dealing with an insurance

company would be this bad when evidence is so complete 

 

but I see what you are saying ,

ill

just point out the damage and see what he comes back with 

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so 8 weeks has passed, this 'hoopers' arent responding to booking emails they instructed me to use as communication,

so cant yet organise their review. Hastings dont respond anymore either, i've tried to involve suzuki finance too as its 'their' car, but they dont seem interested unless it was a total loss, and said cant help

 

i want to start the court action, as ive just had enough

 

to clarify

1)i claim as an individual against Hastings Direct of Hastings Insurance Services ltd

2) i claim under consumer rights act ? breach of contract?? as the legal basis?

3)what i claim for is costs to repair i have quotes for ? or performance of contract to force to repair car

4)i claim diminuition of value? is this based on evidence or 10% rule (as car was less than one year old when damaged)

 

thanks for help

 

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