Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • 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
      • 160 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
        • Like
  • Recommended Topics

Breach of Terms and Conditions in Whatever Happens- Repair Time


wineba
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3356 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

My daughter bought a Toshiba Iris 15F laptop 0n 11/8/13, togeter with a Whatever Happens Care plan.

 

 

She woks in South Ameroica as a consultant for a USA comapny working online.

The computer is her main work tool.

 

 

In Jnauary 2014 it developes a fault with the key board and keeps swtiching off.

She contacts PC world both by phone and email from South America,

she informs them she will drop the laptop in at PC World Wolverhampton, for repair.

This she does when on her 2 week vacation in July 2014.

 

 

The laptop is returned to PC world 4 days before the end of her vacation.

On collection she inspects it and it noticed that they have replaced it with the wrong keboard.

( its either Russian or some other lanuages as there are non UK letters on the shift keys and all the other keys)

 

 

On being told "sorry, we will replace the keyboard again, but you wont get it back before you leave for South America",

my daughter says I will have to work round it and return it for repair on my Xmas vacation.

 

 

On 21st December 2014 my daughter returns to UK and

on 23rd Dec hands the lap top to PC World in Wolverhampton for repair.

She is returning on 10th Jan to South America.

She is advised the laptop will be returned by 4th Jan.

 

 

On 6th Jan she is now informed laptop will be delayed as parts are required.

On stating she is leaving by the end of the week, and this is not acceptable she is told,

" the Terms and Condtions state that we (PC World) have 21 days to return the laptop.

That end date is midnight on 12th of Jan, after which we will issue a voucher for a replacement.

 

At approx 10am on Monday 13th Jan I get a phone call to say the laptop is now repaired.

BUT it wont be returned to PCWorld untill Thursday 15th Jan.

I inform they they are in breach of their T &Cs but

they inform me that travelling time is not included!

Nowhere is that in their Terms and Conditions.

 

 

On Thursdauy 15th I duly get a call from PC World to say the lap top has arrived in store.

I refuse to collect as I now say they are in breach of contract.

 

 

Despite speaking with several members at Customer Care st Know How who all say

that there is no actual term or condition of travelling time in the T&Cs

they refuse to issue a voucher as they say the machine was repaired in 19 days.

 

I state they have breached their T&Cs as it clearly states:

 

'In most cases we will repair your product first time.

In the unlikely event that your specific pproblem takes over 21 days to repair you may request a replacement product........

 

21 days repair time will start from - the date you book in your product for a repair at Currys or PC World.'

 

Do I have a case for taking them to the Small Claims Court for a breach of contract?

 

I have refused at present to collect the 'repaired' laptop from PC Worl as I feel this may invalidate any potential claim.

Your advice would be most welcome.

Link to post
Share on other sites

t & cs states . In the unlikely event that your specificproblem takes over 21 days to repair, you may request a replacement product

 

to replace the laptop it must be at repair centre 'being repaired' and not complete.

 

and from 23rd dec to 13th jan, bare in mind xmas day, boxing day and new years day are official uk bank holidays, they have ''repaired'' within 21 days. and the delivery time scales are not included.

 

plus another key word to mention is ''request'' meaning it can be denied for whatever reason.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...