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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 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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Well and Truly Ripped off by Comet!


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I bought a dishwasher on Monday from Comet which they had in stock in their Distribution Centre.

It was due to be delivered on Saturday morning .

 

As I understand that dishwasher is now mine.

 

On Thursday after hearing that Comet was going into Administration I phoned to make sure there wouldn't be any problems

but they assured me everything was in order for a Saturday delivery.

 

On Friday evening I got a call from Comet to say it wouldn't be delivered and that I was to go back to the store for a refund.

 

I went to the store on Saturday to be told there wouldn't be any refunds.

 

So I am now out over £300 and stand to get nothing back.

 

They will not tell me what happened to the dishwasher that was sold and allocated to me for delivery.

Is this fraud?

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If you paid by credit or debit card you can claim the money back.

 

I don't know about fraud. Obviously their financial problems mean they may not have the money for refunds.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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If you paid by credit or debit card you can claim the money back.

 

I don't know about fraud. Obviously their financial problems mean they may not have the money for refunds.

 

Thanks for the reply. I was told a refund claim from Visa debit (chargeback ) is not guaranteed.

With regards to the fraud, the reason I asked this was that they took my money and put my name on the machine I bought. They surely can't rip my name off it and sell it again to someone else or return it to the supplier without refunding my money?

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Seems to backup the claims that stock is being recalled from stores and distribution centres. A relative has had something similar happen to them yesterday with the exception of a phone call, the delivery just never happened but luckily they paid with a credit card. The Chargeback would be your only hope otherwise you’ll find yourself on a very long list of creditors waiting to be paid.

 

Some items are sent directly from the Manufacturer, I had an Indesit washing delivered a month ago, it was bought from John Lewis but delivered directly from Indesit/Hotpoint. Its possible Comet haven’t paid the Manufacturer for the machine you ordered or they’ve suspended all Comet deliveries in fear they won’t be paid for them.

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They did have it in their Distribution Centre on the Monday as it showed on Comets system. I believe Bosch took stock from them but they shouldn't have taken sold items.

 

Why shouldn't they if they hadn't been paid for them?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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If they hadn't been paid for then fair enough but it is seldom as straight forward as that. One store 20 miles away had two of these dishwashers in stock but they didn't remove them from the store so I presume they had been paid for. They also didn't collect another 27 that were spread through the other stores in Scotland!

They could have taken the dishwashers from the Distribution Centre in compensation for other stock that had been sold but not paid for.

They wouldn't let me collect a dishwasher from a store which had one!

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Thanks for the reply. I was told a refund claim from Visa debit (chargeback ) is not guaranteed.

With regards to the fraud, the reason I asked this was that they took my money and put my name on the machine I bought. They surely can't rip my name off it and sell it again to someone else or return it to the supplier without refunding my money?

 

I do agree that Comet should have honoured your purchase, but as you say, things are rarely that straight forward. If it was me I'd try for the chargeback. Fraud is a crime and I'm not convinced the police would be interested.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I do agree that Comet should have honoured your purchase, but as you say, things are rarely that straight forward. If it was me I'd try for the chargeback. Fraud is a crime and I'm not convinced the police would be interested.

 

Thanks for your help and prompt replies, I'll try for Chargeback through the bank.

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Wow that was quick. I'm impressed!

 

I hope you can get what you want now. :-)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Wow that was quick. I'm impressed!

 

I hope you can get what you want now. :-)

 

Very impressed with the way it was handled by LloydsTSB and Visa. We bought another machine today from Currys.

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Beware!!!

 

I bought a microwave from Comet on 29th October, it has become faulty and Comet will not exchange or refund NOR will the manufacturer!!!!!

 

Panasonic have told me that because it is still within the 28 days they are not obliged to help and it should be returned to Comet.

 

They advised that the only thing they could do was offer me a repair at the nearest service centre which I have to drive to, which is 50 miles away.

 

It has to be left there whilst the repairs are done and then collected again by me.

 

All in it would mean a drive of some 200 miles simply to fix a £149.99 microwave.

 

Just thought I'd let people know that even if you get your goods you may still get problems if a fault develops in the early stages.

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  • 1 month later...
But at least with Comet in administration, there shouldn't be any arguement from the CC company

 

Thats what my bro-in-law thought.

 

He paid for a fridge/freezer, which he never received, with a visa debit card, contacted the bank for a chargeback and he was told to write to the administrator and ask for the money back. He has to wait to receive an offer, 2p in the pound or whatever, before the bank will refund the difference.

 

I'm not sure if the bank are giving him the runaround or if this is how it's meant to be?

Edited by itstheone
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Thats what my bro-in-law thought.

 

He paid for a fridge/freezer, which he never received, with a visa debit card, contacted the bank for a chargeback and he was told to write to the administrator and ask for the money back. He has to wait to receive an offer, 2p in the pound or whatever, before the bank will refund the difference.

 

I'm not sure if the bank are giving him the runaround or if this is how it's meant to be?

 

Bank are chancing their arm. They should be doing a chargeback

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Chargeback is not voluntary!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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well thats the first time I have heard of a visa debit chargeback being done so quick, they usaualy prevarcate to the extreme, before anything is done about it.

well done anyway. ( its voluntary and banks do not always play ball )

I think you'll find it's not voluntary although I agree they don't always play ball. I'm on my phone at the moment so can't link but Govan Law Centre have had something of a breakthrough with regard to this.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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