Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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
        • Like

HP Pavillion Laptop


Pen
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5914 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

Hi Everyone.

I bought a HP Pavilion laptop from Comet 6 months ago, last week it started to overheat really badly and just shutting down. The last time I used it, it had started to heat really badly it was burning my knee and again it shut down on me and I could not get it back on so I left it for a few hours hoping to try again once it had cooled but when I tried to turn it on there was a large crack in the inside screen.

 

The next day I called the service centre maintenance section for the store and told them what had happened they told me it had probably cracked whilst cooling down and could not be repaired and to just return it to the shop for a refund.

 

I returned it to the store that evening only to be informed by a customer service assistant that it was impacted damaged so was not covered under the warranty. I asked her if she was a engineer and she said no but she has seen loads of this type of damage so she know it would not be covered.

 

I informed her that I would take it home and have an independent assessment done on it but if they confirmed it was caused by over heating then I would be suing the company for the laptop the cost of the assessment and court costs. She then asked me to wait to speak with her manager, I explained to the manager what had happen and what I proposed to do about it, he said there was no need for an independent assessor as they would send it to their repair centre I explained what would be the point of this if according to the assistant it would just be returned as contact damage.

Anyway to cut a long story short they have sent it away to see what has caused the damage and it will take 28 days. I am a mature student and I need the laptop for my course work.

 

I know it was not caused by contact damaged but I have a feeling that they will try and pass it off as this also I think 28 days is too long to wait. I could go and buy a new one whilst I wait for them to inspect it and give me a full refund but they may not do this so I will have to claim it off my insurence but I cannot do that untill I get the laptop back

 

what can I do.

 

Thanks

 

Pen

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

Link to post
Share on other sites

Nothing.

 

The retailer is entitled to inspect the fault with the unit to see if it is cooling, as you allege, or impact damage which it usually is. This is so they can see if they are liable to resolve the fault.

 

Though I suppose they can't take too long doing this, it is likely they will have to pass the unit to an expert as the shop staff themselves are unlikely to have the technical expertise to look at it, in this case it will probably go back to HP for them to assess the damage. If they think it is a manufacturing fault they will probably fix it under the warranty.

 

If HP think it is impact damage (which doesn't always show straight away) they will have evidence to prove that, internally at least, and if Comet use that as a reason not to repair the unit then you will need to get an expert report proving it was and be prepared to slog it out with them...

 

You probably won't get a refund especially if they adjudge it to be your fault, if it isn't they'll fix it so you won't anyway, if it's six months old you have been judged to accept the goods by most reasonable people, and once you have done that then the retailer is entitled to repair or replace initially and if that is not successful then rescind taking into account the use you have had of the goods (ie a pro-rata basis).

 

As for the inconvenience I suppose you could claim the "undue inconvenience" clause but I would tend to disagree - you have computers at uni, and could use those to do any work so a machine yourself isnt essential. As for your work, it's your responsibility to back this up, my laptop containing coursework is backed up nightly, and even when I was a first year undergraduate we were told in no uncertain terms that you need to plan for IT failure including taking backups etc as it will not be taken as an excuse.

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!

Link to post
Share on other sites

Phoned the store today as they have had it for a week , apparently it missed the last repair delivery load so it's still in the store no wonder it takes 28 days 2 weeks to send it way, a quick no chance! and 2 weeks to send it back to the store.....

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...