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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 
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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.
      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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Just out of warranty...


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Hi

one year and one week ago I bought two advent laptops. the screen on one of them has previoulsy broken twice and was sent for repair the report quoted LCD. the other laptop now has the same fault - lines across screen which means you cannot see anything. I have contacted PC world who say because the machine is over one year old i will have to pay over 400 pounds to get it fixed!! Surely I have evidence that there is an inherent design fault as the other has had to be fixed twice. I am sooo mad!! What do I do ! Please help!

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Under SOGA you have to produce a qualified engineer's report to prove the fault was inherent after six months.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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just a nitpick, but Forestchavs advice is a tad incorrect. getting an engineers report is a good evidence, but not actually required of SoGA (nitpicking, like I said, but you know me by now!). I think that the reports you have had of the last one may be a starting point, but does not necessarily prove the point with the laptop you have now. A fault with one, two or even ten machines is not necessarily demonstrative of an inherent fault, though it may be pursuasive.

 

I shudder to think who else may post here. There are plenty of other posts of a similar nature. Read threads with posts by the likes of Forestchav, Bookworm, Buzby (and others - no favouritism here!) but be wary of certain persons (or rather one person) who spouts cr*p - you should be able to identify them!

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gyzmo - yeh fair enough. It's not required but it damn well helps, seeing as the burden of proof is on the consumer, and the consumer needs to prove the fault was inherent, an expert assessment will clearly help with this.

 

Though there are other ways of proof it's by far and away the easiest way!

 

(Nit picking, granted).

 

I'll claim posting in haste as mitigation though I guess that's still inadmissible!

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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Was a nitpick - a very uneccesary nitpick I suppose... not as if you are Fred or anything.....:D, and I recall some of my alcohol induced posts are not necessarily very good ones :o

But yes it is probably the best form of proof.

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