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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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My car slid in the snow, scuffing another car, no damage, someone told my insurance company..- now my NCD/ins renewal has been refused!!


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I'm not fully clear on what has happened.

 

When was the renewal date of your policy? Is your insurer saying that they will not renew your policy? If so have they explained why?

 

The answer to "Or can I still use my NCD bonus despite them robbing me of it???" is No. The only thing another insurer will accept is what your last insurer say is your NCD on the renewal notice. You have no other way of evidencing 3 years NCD.

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The refusal to renew is a more serious problem for you than the NCD right now. When getting quotes you will always be asked if an insurer has ever cancelled or refused to renew a policy and you will have to answer 'Yes'. The likely consequence of that is many insurers will refuse to quote, or will quote high premiums.

 

From the information in your post I can't understand why your insurer is refusing to renew. You need to call them and try to get to the bottom of this. Tell them that refusal to renew is putting you in an impossible position with finding alternative insurance. Even if the incident had resulted in a claim against and your insurer paying it the amount would have been very small. Insurers don't normally refuse to renew if there has just been one small accident. [EDIT just seen the link to your previous thread. I will read it, that may explain insurer's attitude]

 

Do you have a prior history of accidents and convictions and your insurer is treating this as the 'last straw'?

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  • dx100uk changed the title to My car slid in the snow, scuffing another car, no damage, someone told my insurance company..- now my NCD/ins renewal has been refused!!

On January 4th insurer told you they considered you may be in breach of policy condition for failure to report an incident [my emphasis].  I guess that is why they are now refusing to renew the policy.

 

"...we have been notified by a third party that your vehicle was involved in an accident on 00/00/00.

You have not notified us of this claim and therefore you may be in breach of the conditions of your policy.

We need to investigate further before we can decide whether we can deal with the claim, until we let you know in writing nothing said or done or anyone acting for us should be understood as confirming our position. "

 

You sent them the photos they asked for on January 9th.  There were no further updates posted after that. What has happened since January 9th?

 

The non-renewal is the big problem for you. The NCD issue will solve itself - if there is no claim after 6 months it should be reinstated.

 

Concentrate on getting the insurer to offer you renewal.

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On what date?

 

Did you keep a copy of the Live Chat conversation?  You usually have the option to download the conversation. Post up the text here please (personal identifiers removed).

 

Did they ever send you anything else about the incident? Or anything else at all before you got the email (a week ago?)  telling you they wouldn't renew?

 

Please post the text of the email here as well.

 

Who is the insurer?

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@mrk123  Sounds like progress. Bear in mind that typically the claims deprtment decides about NCD but it's up to the (separate) underwriting department whether to renew and at what £££.

 

If it helps, if I were discussing this with the insurer I would be stressing these points.

 

1. The incident occurred on December 29th 2021, you notified them when you got their text January 4th 2022. That's a time period of only 3 working days (2 if you don't count New Years Eve as a working day). 

 

2. You had taken photos at the time for insurers to provide them with information they would need. That is evidence of your intention to report the incident at the earliest practicable opportunity.

 

3. The accident was trivial, minor dent/scratch to bumper. It was not a moving traffic accident (ie neither car was being driven) and no-one was injured

 

4. You provided information about it to the police [on the day of the accident(?)] to ensure an independent report on the circumstances  was available to insurers

 

5. Since your initial report to insurers on January 4th you have provided them with everything they have requested promptly. You note that since January 4th they have not sought any further information or carried out any investigations so they presumably had all the information they needed by that date, less than a week after the accident.

 

6. In consequence of the above the insurers have not been prejudiced or disadvantaged in any way  in their ability to deal with any claim if one had come in. And no claim has come in.

 

Good luck. FWIW insurers non-renewal decision seems very harsh in the circumstances so hopefully when you get to discuss it with a real human being decision maker all will be well. I suspect that if you had to make a complaint to the Insurance Ombudsman/FOS your insurer would find it hard to demonstrate that non-renewing your policy was 'treating the customer fairly'.

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