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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.
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      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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Bought fake goods from store.


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I visited the Torquay branch of Comet yesterday and purchased two pairs of 'Monster Turbine' headphones at a discounted rate due to there current financial situation. Upon getting home and inspecting the supposedly two identical pairs of headphones it is clear there were differences between the two. Further research online suggests that one of the pairs are a fake set so i returned to the store to try and take action.

 

Due to Comet currently being in administration they were unable to refund or exchange the items despite the store manager and fellow colleagues acknowledging one of the pairs were fake. I'm am now at odds with what to do, writing to the administrator will more than likely prove fruitless as i will merely become an unsecured debtor and at the bottom of the pile of those set to receive money. Regardless, my staturory rights have been infringed as the goods were definitely not 'as described' and as such is a legal matter.

 

If anyone has any help or advice with what to do in this strange situation it would be most appreciated.

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Receipt states 'No refunds or exchanges. Statutory rights unaffected' so fortunately they're no. Have e-mailed my local trading standards office but from what i understand they can only threaten with legal action and continue with it if the issue continues. Come next year there will probably not be a Comet Ltd. in existence and thus no one to prosecute so again, unfortunately, i feel this action will prove fruitless. This has happened through what i can only assume is someone buying a real pair of headphones, returning a fake pair and Comet not doing any quality checks on the returned item and putting them back into circulation. I'm just shocked that because of Comet being in administration this allows them to negate their responsibilities to consumers and go unpunished whilst i'm left with a fake product and out of pocket.

 

I paid on my debit card so i think my only course of action is through the 'Visa Cashback' system suggested in your link to try and dispute the payment, so cheers for your help.

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visa debit cashback, requires bank to play ball, all not very helpful. try visa direct, but run out of the usa, so doubt you will get anywhere.

Its people buying very expensive things like televisions that will get real problems when they go wrong. Its a gamble really.

worth a try though.

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I bought some of these from comet too and I'm worried they are fake as they had clearly been opened already despite having a comet seal on them. Please please can you help by showing me the differences between the two you bought and which are fake?

 

Thanks,

 

DJ

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Jesus Christ, what the hell are they doing stocking counterfeit headphones?

 

I hope you get something sorted with Visa to get your money back, you definitely just need to keep on at people to get somewhere, don't give up, I spent over two months of calls/emails/banging my head off a brick wall to get my refund.

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I think what was suggested up thread is most likely...someone buys the headphones, places a fake pair back in the box, and then returns them to the store. they're then one pair of expensive headphones and a tidy cash refund up.

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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I bought some of these from comet too and I'm worried they are fake as they had clearly been opened already despite having a comet seal on them. Please please can you help by showing me the differences between the two you bought and which are fake?

 

Thanks,

 

DJ

 

 

Normally the fakes turn up on ebay Now at a COMET near you .

 

Real and Fake Guide ,

 

http://reviews.ebay.com/FAKE-vs-Genuine-Monster-Turbine-Headphones?ugid=10000000021535680

Regards

GorgieBoy

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How much did the item cost and did you buy it on debit or credit card?

If you bought it on a credit card and it cost more than £100, you will be protected as your bank is equally liable for the product under s75 Consumer Credit Act.

If you bought it on a debit card, you will probably be protected by visa's chargeback scheme.

It is worth contacting your bank about this.

 

Trading standards won't be able to help. Unfortunately, you are now just an unsecured creditor in an insolvent entity. You won't be able to get your money back from Comet. Do check the news though, if Comet get bought out by a private equity fund they might honour Comet's previous committments to consumers.

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I'd personally walk in there and lift a TV or something and use it as equity until they played ball. Police wouldn't have a hand in it as it is a strictly civil matter in my opinion.

 

Obviously, in reality, you'd be the criminal, police would come and nick you, comet would get TV and headphones and resell both.

 

What con-artists.

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To be fair to Comet in this instance, they didn't carry out the 'con' - they were conned.

 

Steampowered has given good advice about credit and debit card chargebacks - it's probably the best way of dealing with it.

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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