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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
      • 160 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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Mobile Phone .What is the definition of damage when under warranty?


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I took my nokia n70 back to comet today within the 12 month warranty

Basically when you plug the charger in nothing happened.

The woman at the service desk warned me that if it was damaged i could not claim for repair under the warranty.

Have you ever seen the pin on the end of the charger?Well it is 2mm diameter and the end of it was slightly burred.

I said to her surely this is fair wear and tear considering how many times in nearly a year it has been charged,her reply was that if nokia state it is damaged then i would have to pay to have it repaired.

I told her as far as im concerned it has 12 months warranty,so what do you think i should do if asked to pay for repair?

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I would say damage is something done to it that would not happen under normal usage. So dropping it would be damage. The buttons falling off under usage would not be damage.

 

I personally would not have even bothered about the warranty. If something is not working under normal use after such a short period then it is not fit for purpose. In such a case you will have a potential claim under sale of goods.

 

Have you tried using another charger? My old phone is a n70 and never had any problems with it.

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  • 3 weeks later...

So Comet state that the phone has been repaired but the repair is a chargeable one to me.

I have told them i will not pay for the repair as i consider it :-1. To be normal usage wear and tear....2.It was taken back within the 12 month warranty.

They have said well if you do not pick it up nokia will just scrap it.

So any thoughts on my action plan and any thoughts on the law .

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  • 3 weeks later...

Well after 6 weeks of waiting,my phone never appeared from the repairs so i suggest any-one who experiences any problems with getting something fixed to do this:-

E-mail Amanda donaldson at Kesa electricals,she is directly in contact with the managing director,explain your utter disgust at comets customer service and hopefully like i did you will get a FULL refund and a very apologetic letter.

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