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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 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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Refund of car holding fee?


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Hi my husband went to view a car a few days ago and liked the car. He said to the salewoman that he couldnt make a decision without me and that I would need to see the car before a decision made. The saleswoman asked him to put down a £50 holding fee and said the car wouldnt be sold to anyone else. She did say if I didnt like it the money would be refunded. The receipt my husband has just says £50 holding fee received. He hasnt signed anything. I was pretty p..... off with my husband for doing this anyway as the mileage on the car and the price was higher than what we were looking for.

 

Anyway 4 days later and my husband phones up and says he has lost his job and cannot buy the car (not true we have found a better car). The saleswoman says she has put off 2 people from coming to look at the car and the £50 is not refundable. My husband argues with her and re-iterated the conversation they had. She says she has to ask her boss whos not in until next Tuesday. Where do we stand on this - money is very tight and I need the £50 to go towards the car we want to buy and Tuesday might be too late.

 

Any help or advice greatly appreciated.

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In cases of a dispute like this, you need to be firm. If you are sure of the fact the holding fee was not a 'deposit', then ask them for their Terms & Conditions regarding these fees, ans the lack of a refund means you'll resort to the courts to obtain a refund.

 

Next, in the absence of these conditions, WRITE using RMs 'Signed for' service, noting the dispute and giving them 14 days to refund your money. If the funds are not received by the due date, you will without further warning raise a Moneyclaim action for the refund of all monies paid, wit interest - as appropriate.

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