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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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High street Retailer - TV After Sales Problem


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I purchased a large screen tv 15 months ago from Currys, the electrical retailer. I did not want their extended warranty agreement (rip-off) but obtained absolute assurance that if it went wrong after guarantee period then they would come to my house and do a chargeable repair.

 

They now say they have stopped doing home repairs and I must send it back to them (they in fact collect it for £100). They then assess the repair and then give you a cost of repair. This whole process would mean my tv will be away for between 2 - 6 weeks. (It is actually working in part so watchable on limited channels).

 

Question: Have I got a case against them? I only purchased the TV on the assurance they would repair in home if it went wrong and now they will not honour that agreement? I particularly requested this assurance because I was aware that independant tv repairers will not come out for big-screen tvs unless you have purchased it from them. I have also determined that their salespeole will tell you anything you want to hear to sell their tvs.

 

I am thinking of going to the Small Claims Court on the basis of them breaking our contract. Would be grateful for some comments, advice etc.

Edited by saintly_1
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Guest Old_andrew2018

Hi

Acouple of questioins, do you have evidence of home repair option, and have you considered your rights under the SOGA, its not unreasonable to expect a tv to last longer than 15 months.

 

Andy

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What they said then would now be an offence possibly.

 

As Old Andrew has stated, you should expect a TV to last longer than 15 months and could claim a free repair under s. 14 of Sale of Goods Act.

 

try contacting the shop manager. If he refuses to deal rport to Consumer Direct and also put in a written complaint to head office.

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Thanks both. I do not have 'evidence' as it was verbal only. Perhaps the SoGA might add to my case but I had not thought of this and don't really know how it might apply to me... can u advise?

 

The store manager was a saga in itself! I went to local store when this started and the manager told me I had to obtain an independant engineers report to detail the actual problem and then head office would consider if they would look at it. I pointed out this had not been mentioned to me when I purchased the tv as being a requirement. I also told him that I could not get through to Currys on any of their phone no's. He offered to get thru for me there and then which I took him up on.

 

He put the phone on loud speaker and after 5 mins of going thru press this button and press that button (exactly the same messages I had got countless times) a message said: "if you have a screen tv larger than 23" which is OUT of guarantee, press button X". Bearing in mind, everytime I had tried this it was engaged, he pressed the button and it started ringing!

 

He smiled at me and said would you like to speak to them? I said, Yes. I told the lady on the other end of the phone that I had "a large screen.......OUT ouf guarantee etc.... She immediately then said "we don't repair them"! (despite their message) I asked her what I should do... she told me to contact the local store manager who would sort it out! With this I called the manager back over, gave him the phone and after a couple of minutes I literally left them 'arguing' with each other over whose responsibility this was. It never got resolved and hence I am now where I am.

 

Bearing in mind that even if I could get en independant tv engineer to give me a report it could cost probably anythng between £40-£100 and the final outcome would be in the hands of Currys as to whether they decided to repair or not. I assume this report might determine if it was a manufacturers fault or not. If so then down to Currys (SoGA?) if not then down to me but I am back to my tv going away again for 2-6 weeks and not home repair as promised at time of purchase.

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Well the home repair was a promise but as said, proving it is difficult.

 

I would contact Consumer Direct or your local Trading Standards officer, mentioning specifically that you have spoken to a manager who has told you its not their responsibility.

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put it writing to branch and head office and quote SOGA, giving chronological history of dates and discussions you have had with shop etc. and give them 14 days to respond. then send them a LBA ( letter before action ) giving them another 14 days to respond saying you will take them to court.

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  • 1 year later...

Hi All

 

just to say that this never went to court as Currys settled a week before the case date. I agreed £1000.00 and received a cheque a few within a few days. I made direct contact with their solicitor for my case and he was very reasonable and understood the frustrations I had experienced. He knew they never had a case so it was a win-win outcome.

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He knew they never had a case so it was a win-win outcome.

 

Makes me wonder why then he allowed it to go to court rather than settle.

 

Another example of corporations making life difficult for the sake of it.

 

Glad it's sorted though.

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