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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 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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Hi there

 

A couple of weeks ago I was burgled and my 32inch LCD Tv was stolen.

 

The insurance company have handed over the claim to a company whose job seems to be one of providing replacement items in such cases.

 

Briefly, the TV stolen was a Panasonic TX-32LXD60, bought in late January, this year. That model has been replaced recently by the manufacturer by the TX-32LXD70. That is the item I am seeking. In fact, if I were buying a TV today that is what I would buy.

 

The insurers, however, are saying that the TX-LMD70A is of a similar specification and that is what they are offering.

 

How do I stand on this? They don't seem to be budging on this.

 

If I cannot get anywhere is one option to say to the insurers, "WITHOUT PREJUDICE, please supply me with a 32LXD70 and I'll pay the difference between the two models"?

 

 

Thanks

 

Alan

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Guest Aviva Support

The insurer is obliged to leave you in the same position you were in before your TV was stolen, but i can't see why you shouldn't be able to purchase the next model but by paying the extra.

 

Good Luck

Becca

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OK - this is really simple. Go on Google, type in TX32LXD60, and the 1st non sponsered link is a price comparison website. There is a company called J-Excel who have a TX32LXD60 in stock at £699.99 - the other 3 companies are irrelevant, as they might not have the item in stock. Print off that page, send it to the Insurance Company. As it is an internet page, and you will be paying by the inmternet, they cannot issue a cheque to J-Excel.

 

You then have £699.99 to spend on what model you want.

 

The Insurance company cannot offer you a "similar" model, if you are able to source the exact replacement.

 

Good Luck

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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That is correct, most insurers offer replacement policies these days & that means they have a duty to put you back in the position you were in before the loss - this means replacing the exact same TV. If that model is no longer available, they have to provide one which is the closet spec to the one you've lost - by spec I mean, size, capacity, colour etc...it doesn't necessarily mean make.

 

All insurers will let you upgrade the item if you want to, & contribute towards a better item if you so wish.

 

Remember though, if you go to your own shop or supplier, insurers receive a discount with their nominated suppliers, so if you want a cash settlement, this will be significantly less than the value of the TV. Always better to go with the replacement option!

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I appreciate what is said with the discounted price, however, if they cannot replace exact, and the policyholder can, then the quote provided by the supplier is irrelevant.

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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Well, we got a successful resolution albeit via a backdoor route.

 

I told the insurers I disputed their stance but as I'd already been without a tv for over two weeks I wasn't willing to wait longer to argue the toss. I told them I would accept their offer, without prejudice to the original position. They then offered me a Comet voucher for £649,99.

 

Going on Comet's site £649.99 is their store price for the LMD70 with an internet price that's lower, of course. Having said that, the LXD70 was available on an internet only offer at £639.99, store price was £799.99.

 

I spoke to the Comet voucher people who said I had to buy from a store but the store would match the internet price. He even put me through to the tele-sales team, so we sorted the deal. I pick up my telly in the next couple of hours from a local store.

 

Sorted. Useful to know about stores sometimes being prepared to match their internet price - as I said this was done without a quibble.

 

Alan

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