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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
      • 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
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Health & Home Mail order Company


Cabadonna
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I have ordered a steam mop priced £29.99 from a mail order company called Health & Home. I ordered it on 1st October 2008 and payment was taken on 3rd October 2008. I still have not received this order. The company is refusing me a refund. Has anyone else had problems with this company? The worse thing is they are still taking orders for this steam mop they claim on their website it is their best seller.

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Under the distance selling regs, you are entitled to receive the goods. They do not satisfy their obligations merely be sending them.

 

You are entitled to a refund.

Send them a 7 day letter before action and then sue.

 

I am quite sure that they will pay you and your court fee rather than go to the bother of going to court.

 

However, for the sake of others who may be in the same boat, inform your credit card company. Complain to Trading Standards.

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The following two resource should help you too:

 

 

  1. Your rights - Online shopping and mail order problems - Your rights - Which? Advice
  2. Copied the following in from 'consumer direct' website .......

When to cancel You can cancel at any time until:

 

  • The end of the seventh working day after the day on which you receive your goods; or
  • The end of the seventh working day after the day on which the trader agreed to go ahead with the service.

But please note that you might lose your right to cancel once the service has started.

You also have a further three months to cancel if you were not given all the necessary written information. If the trader gives you this information late - but still before the three months are up - you will have seven days to cancel from the day you receive that information.

How to cancel

 

To cancel your order, you must tell the seller in writing - by letter, fax or e-mail. If sending a letter, send the letter by registered post, so you can prove that you sent it and track its progress.

Refunds after cancelling

 

If you have already paid for the goods or services, the seller must refund your money within 30 days of you cancelling the agreement.

If you have paid for the goods by a credit agreement suggested or organised by the seller, the agreement will be automatically cancelled

When you can't cancel

 

Please note that there are circumstances when you cannot cancel unless the trader has given you a specific contractual right to do so.

These are if:

 

  • The trader has already started to provide the service within the cancellation period and you have agreed to this. You must have been told in writing - before the supplier agreed to carry out the service - that you would then lose your right to cancel.
  • You had the goods made to your specifications or personalised.
  • The items are likely to go off or deteriorate quickly, such as flowers or fresh foods.
  • The goods by their nature cannot be returned.
  • You have opened sealed software, CDs, DVDs etc.
  • They are newspapers, periodicals or magazines.
  • You bought betting, gaming or lottery services.
  • The price is dependent on fluctuations in the financial market.
  • Goods are clearly personalised

If my advice or input has helped, by all means tip my scales

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