Jump to content


  • Tweets

  • Posts

  • 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
      • 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

Travel lodge bristol central Soft top damage in scure carpark


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5809 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

If you can prove it's a regular occurrence & therefore foreseeable that your vehicle would be damaged then unless they warned you of this risk(irrespective of any signs) then it could be held that they are liable.

 

A failure to warn you could be considered as being negligence & all the disclaimers in the world won't exonerate negligence by the company

 

Most such signs are unlawful........... unless they specify that they only accept liability if it's the result of their negligence

Link to post
Share on other sites

1st their 'however caused' is wrong as for negligence by either their staff or the company they ARE liable

 

2nd The fact that there was a known (foreseeable) risk they should have warned you then you could have made an informed decision as whether to use the C/P or not

 

Also I should report their signage to TS

Link to post
Share on other sites

Forgot to mention he may claim they are common signs (which they are) but that still doesn't make them valid

 

When you enter a supermarket C/P many display the same sign but some don't. They whilst disclaiming any other damage they admit if it's their fault they are liable

Link to post
Share on other sites

"However where there are issues we install the appropriate security systems. Bristol central has been equipped with a CCTV system, and barriers at the entrance and exit".

Oh dear what a jerk Methinks it's he who should seek legal advice before he utters another word

Link to post
Share on other sites

lamma He doesn't need pictures. Mr Gurney has kindly admitted what the signage states namely "No liability will be accepted for any loss or damage however caused."

 

The most important fact is the admission that they install security devices where there's a KNOWN problem which must be why they have here:D

Link to post
Share on other sites

It's a Common Law requirement that we do not put each other's property or life & limb at risk & if we do, even by omission, then we fail in our 'Duty of Care' & are therefore deemed liable

  • Haha 1
Link to post
Share on other sites

  • 3 weeks later...

I agree TS are a waste of space

 

Rather than be technical re SGS your claim needs to be based on simple straight forward negligence/breach of the implied contract in that they have admitted they knew there was a problem & failed to tell you resulting directly in your loss

 

He states such claims have been successfully defended which may be correct up to a point but where there is negligence the operator has been found at fault

 

Issue your LBA & hopefully when it gets into the hands of someone who understands the law your claim might be resolved more sensibly

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...