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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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    • 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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Car Battery Return Rights - Can I return it?


rupertlssmith
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Hi,

 

I took my vehicle to Kwik-Fit to get the tyres changes. When I came to collect it, the battery was flat enough that it would not start, as the mechanics had left the ignition switched on for an hour or so. They jump started it, and put a small amount of boost charge into the batteries (it has 2, its a 4x4 Hilux 2.8L Diesel with two large batteries in it) and it then started. They checked the batteries and found one to be faulty, but I was not entirely convinced by their checking as the checking machine was obviously making a poor connection and the mechanic said so too.

 

I ended up buying a new battery, which I did not want to do. However, as I was concerned about not being able to start the following day, it seemed like the only thing to do in the situation. Ideally, I would have researched the matter carefully and found one at an attractive price on the internet.

 

It turns out that I should have 2 70AH rated batteries, and the one Kwik Fit sold me was a 60AH. I have located a suitable 70AH battery on the internet and can get it for £59, whereas the 60AH one sold to me by Kwik Fit was £84. I have driven only a few hundred meters on the battery I bought from Kwik Fit, and it was only yesterday that I bought it.

 

So, do I have rights to return it for a full refund? on the basis that it is not the recommended size for my vehicle? Or on the basis that they did a really poor job by running my batteries flat in the first place?

 

Many thanks for any assistance you are able to give me with this question.

 

Rupert Smith

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If the 70AH rating is an official specification by the manufacturer of the vehicle I would definitely say you can return it as it is not fit for its purpose.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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Hi,

 

I took my vehicle to Kwik-Fit to get the tyres changes. When I came to collect it, the battery was flat enough that it would not start, as the mechanics had left the ignition switched on for an hour or so. They jump started it, and put a small amount of boost charge into the batteries (it has 2, its a 4x4 Hilux 2.8L Diesel with two large batteries in it) and it then started. They checked the batteries and found one to be faulty, but I was not entirely convinced by their checking as the checking machine was obviously making a poor connection and the mechanic said so too.

 

I ended up buying a new battery, which I did not want to do. However, as I was concerned about not being able to start the following day, it seemed like the only thing to do in the situation. Ideally, I would have researched the matter carefully and found one at an attractive price on the internet.

 

It turns out that I should have 2 70AH rated batteries, and the one Kwik Fit sold me was a 60AH. I have located a suitable 70AH battery on the internet and can get it for £59, whereas the 60AH one sold to me by Kwik Fit was £84. I have driven only a few hundred meters on the battery I bought from Kwik Fit, and it was only yesterday that I bought it.

 

So, do I have rights to return it for a full refund? on the basis that it is not the recommended size for my vehicle? Or on the basis that they did a really poor job by running my batteries flat in the first place?

 

Many thanks for any assistance you are able to give me with this question.

 

Rupert Smith

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Thanks. I don't have the manual, its in Japanese anyway as its an import. However, I do have a print out from a website that sells the genuine Toyota battery for it, rated at 70AH. The garage did attempt to look the battery up in one of their manuals, and strangely that said the right one should be a 70AH and the left one at 60AH. I think their manual has a typo in it as it seems highly unlikely that they should be different.

 

Going back to the garage to kick some ass tomorrow.

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Kwik Fit will do just about anything to stop customers making a fuss. Tell them you want a 70A/Hr battery,and you will pay £59+ the postage costs if applicable.. You will get it. If not,phone customer services and make a complaint.

 

Kwik fit batteries are good quality, and remember the guarantee is valid wherever you are in the country,so it actually makes sense to get a battery from them! You are never too far away from a KF branch!

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As you have TWO batteries, was the other one 70aH...? If so, there is a clear case of error on their part as you'd require the batteries to be matched (expecially if was controlled through the engine management system).

 

That said - even If the guy left the ignition on all day - this should still have let the vehicle start on a single battery, so there's still not something right. As you've disconnected it, take it back to KW with your receipt and ask for a refund as they fitted the incorrect one. As you needed secutiyu of starting in the morning, you obtained the correct replacement, so a refund would be in order here.

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No engine management system, its a 1992 model!

 

Leaving the ignition switched on for an hour can drain a battery, but it could also mean that either the batteries are on their way out, or that the alternator/regulator is not correctly charging them.

 

Yes, I'm convinced that they should be matched though. Otherwise it would be two 65s.

 

Thanks for the advice.

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