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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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Car Rental Con


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Hi

 

I was wondering if anyone could give some advice about an issue my daughter is dealing with. She and her boyfriend needed to hire a car and they telephoned Hertz who were happy to book one for them to be picked up from the local dealership. My daughter who is 20 had to be the main hirer of the car because they would not accept her boyfriend's debit card as it was a Solo card. They immediately took the charge of £55. When they went to collect the car they were informed that neither of them was old enough to hire a vehicle, needing to be over 25, and that they should contact the customer services to arrange a refund.

 

When they did that they were told that a refund would be made within 10 working days. However this was not made and my daughter contacted Hertz again. She was told that the matter had been looked into and that no refund was due because the operator at the time claimed to have informed them that they had to be over 25.

 

Firstly, my daughter's boyfriend made the original call and they did the booking without once asking to speak to her. They took her card details without asking to speak to her for permission. He denies that the question of age was ever mentioned. When customer services were later challenged about the question of taking her card details, they replied that this would have been verified when the car was collected. Surely then the payment should not have been taken until this verification was made?

 

Am I right in thinking that if someone is not eligible to enter into a contract in the first place, which my daughter clearly was not if she was under the required age, then the contract would be null and void anyway and Hertz are acting illegally in withholding her money.

 

Any help please!!

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Arent all calls recorded?

Anyway shouldnt the operator have verified the age first with proof?

Demand your dosh back if they refuse tell them you wish this decision to be put in writing as you are taking the matter further.

When you get this in writing take a copy of it to TS.

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Thanks for that Bigmac.

 

The matter may now be resolved as they are going to refund as a"gesture of goodwill" after I had threatened to sue the company. I've now composed a letter to the MD for my daughter to send accusing the company of operating illegally, so we'll wait and see how he replies.

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