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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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Hi there, i have a question about what to do. But first let me explain the suituation.

 

Just before christmas i bought a Hp laptop for PcWorld for £549, it had a hardware error within the 28 days. I returned it and they said they would replace it there and then, but they had discontinued the model so i could have either had my money back or chosen another model. I chose a Sony Vaio costing £585, i paid the difference, should i have had to?

 

Again within the 28 days i had another hardware error so returned it and asked for a replacement, which they did instantly. Upon getting the laptop home and using it for a few days i was pleased that it was still working but noticed that the model number wasn't the same. They had given me a higher model worth £899. Although my recipt says i have the lower model still.

 

What should i do, i'm delighted to have a hight spec'ed model but then again i don't have the recipt to gaurentee it. If i go in to the store and explain am i entitled to keep this model and for them to produce a gaurentee slip? Or are they entitled to charge me the difference?

 

Any help would be must appriciated

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Hi

 

It would appear that you got a good deal here

 

As I understand it - here is what happened.

 

You Bought a computer, and it went faulty - on returning it to the store the same model was not available and so they offered you a slightly better model on condition that you paid the difference. You agreed and the bargain was made.

 

This one went faulty and you again returned to the store, they offered you another computer, without extra charge and you accepted - the bargain was made again.

 

When you say you dont have a receipt - did they give you NO paperwork at all when they swapped the computers? normally they take back old receipts and issue new ones.

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What she means is, she was given a replacement sony vaio laptop that was a higher spec, and different model than the one she should have been given, by mistake. As such this isn't shown on her reciept, and if anything were to happen to it, she'd have no proof of purchase with which to return it as the reciept shows the laptop she should have been given, and any bank statements would only show the price of the old laptop plus anything extra paid.

 

Well there are two ways you can play this, the first although it is slightly underhanded (and naturaly this view has nothing to do with CAG's views and opinions as a whole), is you could keep the laptop, and take out some kind of warantee elsewhere (possibly with sony) if you wish to protect it from breakdown. Although I have no idea how this would work legaly as it's their mistake.

 

The second is, you could return the laptop to the shop, tell them whats gone on, preferably to the person who was dealing with you before. They will either swap the laptops back over, or amend your reciept. Either way the shop is going to lose money over this mistake, as if they swap the laptops they have to sell the one you have now at a reduced price because it's used. Or to amend you reciept they'll have to manualy discount the price difference between the two items off the more expensive laptop and refund-resell it.

Edited by Renzokuken

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I think the answer is here: Would you be happy if you bought a faulty top spec and were given a lower one as replacement?

 

You could argue the toss - that it was compensation for example, and certainly be legally correct. But morally?

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What she means is, she was given a replacement sony vaio laptop that was a higher spec, and different model than the one she should have been given, by mistake. As such this isn't shown on her reciept, and if anything were to happen to it, she'd have no proof of purchase with which to return it as the reciept shows the laptop she should have been given, and any bank statements would only show the price of the old laptop plus anything extra paid.

 

Well there are two ways you can play this, the first although it is slightly underhanded (and naturaly this view has nothing to do with CAG's views and opinions as a whole), is you could keep the laptop, and take out some kind of warantee elsewhere (possibly with sony) if you wish to protect it from breakdown. Although I have no idea how this would work legaly as it's their mistake.

 

The second is, you could return the laptop to the shop, tell them whats gone on, preferably to the person who was dealing with you before. They will either swap the laptops back over, or amend your reciept. Either way the shop is going to lose money over this mistake, as if they swap the laptops they have to sell the one you have now at a reduced price because it's used. Or to amend you reciept they'll have to manualy discount the price difference between the two items off the more expensive laptop and refund-resell it.

 

The second option sounds like good advice to me... then again... :rolleyes:

...yeah... I think the second option! ;)

Cheers

Lefty

If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

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The second option sounds like good advice to me... then again... :rolleyes:

 

...yeah... I think the second option! ;)

 

 

Cheers

Lefty

 

Lefty.. my pillar of moral righteousness... how could you even think of the first option!

 

*shocked and appauled*

 

:p

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me sniffs double standards!

 

If the OP had purchased a low spec but was accidentally given a high spec, and PCW were chasing him for it, there would be calls for any post advising he should keep it to be censored. I do not see any difference in law here.

 

But still... yeah my morals can be bought! especially at PCWs disadvantage!

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If the OP had purchased a low spec but was accidentally given a high spec, and PCW were chasing him for it, there would be calls for any post advising he should keep it to be censored. I do not see any difference in law here.

 

Disclaimers are a wonderful thing. Under the same logic, nobody on this forum should be allowed to give legal advice as the spoilers in their sigs effectively mean nothing.

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