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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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.

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

I bought a stolen car from a dealer. I was stopped by the police. Need advice. *** Refund by Dealer***

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Manxman in exile

Manxman in exile

Posted
Posted
5 hours ago, Bazooka Boo said:

Driving a car without an MOT is illegal, and invalidates any insurance you have on it.

 

It isn't worth the risk or the financial penalty that comes with being stopped.

 

Are you certain that's necessarily correct?

 

5 hours ago, FabledFabia said:

MOT valid until  28 July. Currently not insured, I paid for 3 hour insurance to drive skoda from dealer to my home. I don't plan on using the skoda without insurance. 

 

Unless the car is SORN, doesn't that mean you are breaching the "continuous insurance" rules and committing an offence?

 

(I'm not commenting on whether the vehicle may or may not be roadworthy... )

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Manxman in exile

Manxman in exile

Posted
Posted (edited)
23 hours ago, Bazooka Boo said:

Yes 100%.

 

So you are 100% certain that not having a MOT - even though your car is otherwise roadworthy - necessarily "invalidates any insurance you have on it"?

 

Apologies for pressing you and @Homer67 on the point, but I'm not sure that that is correct(?).

 

Is My Car Insurance Valid Without An MOT? | comparethemarket.com

 

No MOT Doesn't Invalidate Insurance - Patterson Law

 

I'm not even sure that if a term of your policy said that you needed a current valid MOT that that would necessarily invalidate your insurance in the event of an accident if the cause of the claim was unrelated to not having an MOT.  (eg the car was otherwise roadworthy and would pass an MOT).

 

Please note - I'm not suggesting that people should go around breaking the law by driving without a MOT cars that require one - that would be stupid - I'm simply questioning your rather broad and categoric statement that not having a MOT means your insurance is invalid.  I'm not sure you are correct.  [Edit:  You may have a source to back up your view?  I'd be interested to know as I think it's important that consumers get the best and most accurate advice.  I know that some views given are not always correct]

 

Personally I'd be more concerned that the OP might be in breach of the continuous insurance legislation ...

 

Edited by Manxman in exile
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  • dx100uk changed the title to I bought a stolen car from a dealer. I was stopped by the police. Need advice. **REFUNDED BY DEALER**
Manxman in exile

Manxman in exile

Posted
Posted
On 14/07/2022 at 12:40, Homer67 said:

@Manxman in exileas far as I am ware in the HC it states you can only drive a car without an MOT to an arranged MOT appointment, any other journey is an offence and knowingly driving illegally is a clause in your insurance that states it would be invalidated.

 

On 14/07/2022 at 13:24, Bazooka Boo said:

And it all becomes about MMIE, this isn't your thread to start willy waving, if you have information that will assist the OP then divulge it.

 

If you are all knowing then clearly I'm beneath you and what anyone else says is completely inaccurate.

 

Back to the subject, if you were to have an accident whilst driving a car without a valid MOT then your insurance company would most likely revoke your insurance, hence why ANPR snags vehicles without MOT's, because the driver will be driving outside the terms of the insurance policy, ie, you won't have any.

 

So you're both wrong.

 

Not having a MOT does not necessarily invalidate your insurance.  It might do - but not necessarily.

 

I'm sure that @dx100uk can confirm that I have corrected wrong advice that he's given a poster within the last couple of weeks and he or she has got eight time more posts than you two combined have.

 

It isn't me doing the willy waving... 

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  • AndyOrch changed the title to I bought a stolen car from a dealer. I was stopped by the police. Need advice. *** Refund by Dealer***
Manxman in exile

Manxman in exile

Posted
Posted (edited)
14 hours ago, Bazooka Boo said:

I guess I wasn't very clear in the way I explained it, and perhaps my experiences have confused my understanding.

 

But that's for another thread completely I feel.

 

Most polite people in my experience apologise after being publicly rude, wrong and sarcastic...

 

On 14/07/2022 at 13:24, Bazooka Boo said:

And it all becomes about MMIE, this isn't your thread to start willy waving, if you have information that will assist the OP then divulge it.

 

If you are all knowing then clearly I'm beneath you and what anyone else says is completely inaccurate...

 Same goes for @Homer67 who liked your rudeness...

Edited by Manxman in exile
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