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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
      • 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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Carphone Warehouse - Upgrade Lie


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Hi A Freeman

 

Ok well you have 14days to return and cancel your contract or up grade, was the sale done over the telephone or in store.

 

I would certainly complain, some one has told you tales and you don't want to complain "how many other people will he does this too?"

 

If it was done over the telephone it would be reordered, if in store i would go and ask to speak to this salesman and his manager.

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The answer to your question is yes.

 

If i was on your shoes this is what i would do.

 

1) if the upgrade was within the last 14 days i would cancel it you can do this by contacting them or go into a shop.

 

2) If 14 days has allready passed not long ago ie 7 days i would still request that it is cancelled explaining that this information (instant cashback) has just been brought to you attention and this was not what you agreed ie a breach of contract.

 

3) If done over the phone it would almost certainly be recorded the reason being that this is a the cpwh way of proving you have a contract as you can not sign anything over the phone, understand?

 

4) Ask to speak to a manager and explain to him the situation in full and ask him/her to listen to the call, If he says the call is not reordered tell him/her you will send a SAR and then promptly send one including a postal order for £10.00. This will give you every single peace of information held on the account and any telephone conversation typed up.

 

5) The SAR come's back with sales call transcribed bingo! you got them.

 

6) The SAR come's back without the call transcribed, ask what proof they have that you signed the contract?

 

Come back to us with any questions and what the cpwh say, we will do our best to advise ok and hopefully get you some compensation ie cash back promised or the contract canceled.;)

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Hi A FREEMAN

 

 

Really glad that you managed to get a better deal from the cpwh.

 

Just make sure you get everything agreed in writing ie new contract.

 

Pleased i was able to help with my limited knowledge in this area

 

All the best;)

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