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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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      • 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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Hi all,

 

I am new! and seeking some help with a question :confused:

 

Basically I have ordered a new item from a local retailer and paid 80% of the cost up front. I have been quoted a fairly long wait time for the item to be delivered.

 

I would like to know what my rights are if the company goes into administration?

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Welcome to the site.

If you have already paid for the product in full, or partially with a deposit, then you will have to contact the company's administrator to arrange a refund. Check the retailer's website to find out which firm is acting as administrator - contact details should be clearly available.

How did you order and pay your deposit ? If you paid by credit card,then under the Consumer Credit Act a credit card company is "jointly and severally liable" along with the retailer for the quality of the goods or service you purchased, providing you spent between £100 and £30,000. If you did and the company goes bust you will be able to claim your money back from your credit card provider. If you spent less than £100 you will have to contact the administrator for a refund.Rules if you use a Maestro debit card are different, unless you used a Visa debit card. Debit cards are not covered under the Consumer Credit Act, so your bank won't step in and help. However, if your bank has given you a Visa debit card you will be covered under the chargeback scheme, and should be compensated for any sum of money lost when a company goes under.

If you didn't use a Visa debit card you should contact the administrator directly with full details of your order (the order number, details of the product and when you ordered it). The administrator should be able to tell you whether or not your order will be fulfilled, or whether it will arrange for a refund to be paid.

Edited by MARTIN3030

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks for the information :)

 

The company is doing fine as far as I am aware but due to the current climate, and that I have paid almost in full I thought I would ask the question.

 

The information you have stated is most helpful, but I have one further query, does the chargeback scheme extend to Visa Electron?

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Indeed it does,the main requirement for compensation is evidence that there has been a breach of contract-which administration would clearly fall under. There is also a 120-day time limit on claims. This time limit starts from the day you are aware of a problem,which in your case you should be ok with should the worst case scenario happen.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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To be pedantic, I believe there is no 'chargeback' in the accepted sense for Visa Debit cards - what Visa provides is the 'Visa Guarantee' which is a company provided safety net that has nothing to do with Section 75 or other statutory measures (most of which do not cover debit cards anyway).

 

Visa treats each case on its merits, however the caveat is in the delay from payment to delivery. 6 months is the usual time between payment and the cut-off, so be careful of this. It would have been more realistic to use the protection provided by a proper credit card

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Yes Raymond you are correct it is a recourse outside section 75.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Tt's a shame we have to rely on the generosity of the card provider, rather than have any 'right' - which is why I hardly ever use my Maestro/Switch, where there is no such 'protection' from Mastercard.

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