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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
      • 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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returning faulty dvd to play.com


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My mother in law got me to order her a dvd from play.com on receiving it she says that the sound doesn't match up with the lips. So got in touch with play.com for their returns procedure and have received an email with the returns code and them saying to return to them via recorded delivery. Now they sell stuff with free P&P so if I have to send this back for a replacement then I will have incurred extra expense than the original cost and the inconvenience of having faulty one to begin with. Am i entitled to have a refund of my postages costs or demand they give me a freepost address to send it to.

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A Little Story Now

 

I Cant Say What The Sales Figures Are Like For Play.com.

What I Can Tell You Is They Have A Few Thousend Returns Every Day.

These Go To A Former Raf Base In Chipping Warden.

 

These Items Are Then So Called Serviced And Then Put On Palletts As A Job Lot.

 

Market Traders Can Then By A Pallett Of Say Electrical Equipment At Cost Price.

Thats Why A Lot Of Market Stuff Is Tosh

 

Even Things Purchessed From Dixons And Returned Go There

 

 

On Every Play.com Return, Even Play.com Usa

Postage Has Been Paid By The Sender, Not Play.com

 

If You See The Ammount Of Returns That I See,

 

Best Buy In A Shop

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A Little Story Now

 

I Cant Say What The Sales Figures Are Like For Play.com.

What I Can Tell You Is They Have A Few Thousend Returns Every Day.

These Go To A Former Raf Base In Chipping Warden.

 

These Items Are Then So Called Serviced And Then Put On Palletts As A Job Lot.

 

Market Traders Can Then By A Pallett Of Say Electrical Equipment At Cost Price.

Thats Why A Lot Of Market Stuff Is Tosh

 

Even Things Purchessed From Dixons And Returned Go There

 

 

On Every Play.com Return, Even Play.com Usa

Postage Has Been Paid By The Sender, Not Play.com

 

If You See The Ammount Of Returns That I See,

 

Best Buy In A Shop

 

do you work there by any chance or the local postie

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been trying to find out stuff on DSRegs and it says about returns if faulty and its up to them to bear the cost. so will email them and point this out. its not a great deal of money but more the principle. :D

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SOGA and the DSRs don't apply to Play as they are based in Jersey.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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SOGA and the DSRs don't apply to Play as they are based in Jersey.

 

Well then is there not something similar to use that does apply. have sent the complaint off anyway so see what happens. If nothing then they will lose a customer and I will pass the word and stick to other sites.

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Well then is there not something similar to use that does apply. have sent the complaint off anyway so see what happens. If nothing then they will lose a customer and I will pass the word and stick to other sites.

There probably is, they're governed by Jersey law, which I don't know enough about to comment. But English law doesn't matter to them, sadly.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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Just a thought - has the DVD been tried in a different player? I had this and it wasn't the disk that was faulty, just the player couldn;t process the audio stream quickly enough. Not a disk fault at all.

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I've asked her to try it out on another machine to check. And also she has played other dvds on the machine she using and they have worked no problem.

 

Reading that article it seems they have the same legsilation over there and have a new SOGA act being introduced.

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Well posted it recorded and put in note saying not impressed at having to pay to return and received an email saying

 

"Your return request has now been processed. We have arranged for a

replacement to be dispatched to you as soon as possible and have refunded

your postage costs to your credit/debit card. This refund should be

visible on your statement within the next 3 working days.

 

Please accept our apologies for any inconvenience caused to you in this

matter and thank you for your patience and valued custom.

 

Kind Regards,"

 

So result just hope this one works for her. ;)

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Just getting to FCs post, but isn't Jersey part of the and therefore subject to EU law? I dunno. If they are then some equivalent of DSRs will apply. Even if they are not, depending on the wording of the contract, it is possible to make DSR applicable to them.

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DSR's are excluded from software, CD's and DVD's (for the usual reasons) so it wouldn't matter where they were! At least they DO make a payment to cover the cost of returning the item!

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They are excluded from the general right of return if they are sealed and are opened by the consumer, but they are not exempt from the exemption if the item breaches contract.

 

Just reading the OP post again, it does seem that a delay in the DVD sound is needed (no techy I know but I managed to do it on my DVD player), or that the dubbing is off and the DVD is not of satisfactory quality. In such a case, the returns is the same as if bought in a shop.

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Just getting to FCs post, but isn't Jersey part of the and therefore subject to EU law? I dunno. If they are then some equivalent of DSRs will apply. Even if they are not, depending on the wording of the contract, it is possible to make DSR applicable to them.

No, they aren't part of the EU - they are British Crown Dependencies, and not part of the UK or EU, that's the reason why they're cheap (no VAT).

 

They have the freedom to set their own laws and even their own currency - the £ in Jersey (and the States of Guernsey) is not legal tender over here though they accept coins from the mainland.

 

Same applies to the IoM.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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