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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 
        • 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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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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Certainly you are required to inform your insurance company about any kind of incident and if you don't then it may backfire on you – as seems to be the case here.

One of the problems is that when you don't inform your insurer then they draw their own conclusions which are generally speaking that you are trying to wriggle out of something.

You say that the incident occurred in late December – but you don't give us a date.

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So why don't you give us the specific day as you've been asked?

And regardless of what the "other guy agreed to", it still doesn't absolve you from your responsibilities under the insurance contract and particularly since the police have been involved, it would have been prudent to inform your insurer to put your good faith beyond doubt.

What date did this happen please

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Quote

Dear XXX

Reference number XXX – your letter/email dated XXX

Thank you for contacting me in respect of the above incident.

I'm fully aware of my responsibilities under the contract. I have a duty to let you know about any incident as soon as reasonably possible.

This incident occurred on 29 December and as you may be aware, this is right in the middle of the Christmas/New Year's season together with associated commitments and bank holidays and so forth.

It was always my intention to inform you about this at the earliest opportunity and in fact your message has pre-empted the necessity for doing this.

I'm glad that you are aware of the incident – if you need any further information or if you have any questions then don't hesitate to let me know.
Now that the festivities et cetera are largely over, I will be able to attend to this without any delay.

As you may know, the police have already been involved at an early stage and there is a reference number – XXXX.

It is clear that the accident was an unfortunate circumstance caused by my vehicle sliding down a hill in ice while it was parked in unattended and caused extremely minor damage to another vehicle.

It's unclear why my car moved when it was properly parked and I suspect that it may have received a nudge from some third-party you then failed to stop and provide details.

I look forward to hearing from you

Yours faithfully

 

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You've been here since 2013 so I'm quite sure that you know what our general advice is about speaking to these people on the telephone and I'm also quite sure that you have read our customer services guide and that you have implemented the advice there anyway.

I would send them the written message first. Very important. Essential that you have a paper trail and then Irish would suggest that you leave it until Thursday if you decide to call them and if you do call them then asked them if they have seen the email and why haven't you had a response.

If they say that they haven't received it and tell them that they have lost it and you are going to send them a copy of it – make sure that you use "forwarding" so that the header to the previous email is clear for them to see. Make sure you get the name of the person you are speaking to so that you can address your copy email specifically to them and also with a reference number because by now they should have a reference number.

But you will have an idea all of this because you have read our customer services guide several years ago – won't you?

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I don't think you need to show photographs yet. I think you need to find out what is going on first

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I made it clear that you should be waiting until Thursday. That means between two days and three days – not two hours.

 

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Because they need to understand that you have written to them and that they have all the information and they need time to be able to receive the email, process it, absorb it, attach it to the file – all of that.

If you simply answer to their beck and call then it continues the impression that if they hadn't gotten on your case about it, that you wouldn't have said anything.

I don't know if you really imagine that an organisation like this will appreciate that they've received an email from you and understood it all et cetera in two hours?

And incidentally, please don't start quoting everything I say.

I know what I've said – what we are interested in is what you say

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