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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
      • 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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Acer Aspire 5920G


Adam5920
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Hi all,

 

In need of some advice urgently.

 

Around 3 weeks ago i bought the above laptop from Comet and unfortunatly since last night it will not power on any more at all. I have all my data stored on this laptop and i really do not want it to be sent off for repair as i will be without a computer which is a big disruption for me.

 

With the laptop only being this old, am i entitled to having the product swapped for another? or a full refund? I dont believe something not even a month old has already gone faulty on me and i'd rather either receive a refund or a new unit alltogether, as what is to stop this unit failing again?

 

Please can someone advise asap?

 

Thanks

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  • 2 weeks later...

Sorry you didn't get a reply, I only saw this now.

 

I believe Comet has a 30 day return policy, so yes, you should be able to get a straight refund.

 

Or you could say that you reject the goods under SOGA, and get straight refund. SOGA says you have a "short time" to reject goods, what constitutes "short time" is debatable.

 

Either way, you shouldn't have too many difficulties, as long as you stick to your guns.

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what constitutes "short time" is debatable.

 

 

their 30 day policy is the short term for acceptance.

 

online retailers give 14-28 day to inspect and accept goods due to the fact you cannot fully see or inspect item before purchase. retail stores are different, because of display items on show this can be as little as 7 days which is acceptable by law but most retailers have longer as a store policy

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Wrong wrong wrong wrong wrong wrong wrong.

 

the time for acceptance is a matter of fact and is for a court to decide (as Bookworm says). We can only hazard a guess at it. The distance selling regs do give a time period for refund due to the fact that it cannot be sen before purchase, but seeing something instore is not the same as trying it out at home.

 

Stores return policies are ADDITIONAL to statutory rights and do not override them. If your claim is under legislation, then it does not matter a squat what the store policy is. Legislation overrides it.

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