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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
      • 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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eBay/PayPal Problem


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OK, bear with me as I'm useless at explaining these things and I'll bet there's a simpler way than I'm about to tell you but here goes.

 

You need to go to the 'MyWorld' screen for the seller. This is the one you get if you click to check their feedback. On the left hand side you will see

 

Items for sale

Add to favourite sellers

Contact member

 

If you click on the contact member link and fill in the online form ebay will email you their contact details because you have recently traded with them. They will also be sent an email with your contact details but it shouldn't be a problem as they have your address already.

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We have bought the battery. It cost around £60. If we send back the laptop we will be left with a battery that is of no use to us this means we will be out of pocket for the cost of the battery.

 

Unfortunately you shouldn't have done so. You bought a laptop that Paypal have agreed was 'significantly not as described'. The only remedy Paypal offer for this is to return the goods and get a refund. You chose to go ahead and attempt a repair and make modifications before completing a dispute through the established channels. You are required to send the goods back to the seller in the same condition they were sent to you so you will have to replace the original battery and remove any software you loaded. I'm afraid those are the rules you sign up to with ebay and Paypal.

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All in all it'll probably cost him well over £500

 

But you've already been offered a refund for the full cost of the laptop. How is it the seller's fault you chose not to follow the Paypal dispute prodedure?

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I have read the thread - I've been following it with interest as ebay problems are of particular interest to me. I do understand you feel you have not got the perfect cheap laptop you were hoping for.

 

As much as you are out of pocket, the seller is not responsible for much of your perceived loss. He is responsible for describing the goods accurately so you can make an informed decision on whether to bid/buy and if he didn't do this you should get your money back. As you can do this without problem your only extra expense would be the cost of returning the goods and you've agreed to pay this when you signed up to Ebay/Paypal T&Cs. You will be throwing good money after bad if you really think you can claim somewhere in the region of £500 in court.

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You spent £190 and it would probably cost about £10 to return the laptop using a courier - that's £200 total of which you would receive your original £190 back through a Paypal refund. There was no need to spend any more money, neither the seller nor Paypal ever suggested you do so.

 

If you had bought a brand new laptop from a shop and it wasn't as described you would take it back for a refund. Would you expect a retailer to hand you £60 for a new battery just because you walk into the shop sometime later and say the one it came with didn't work?

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the courts are there to make sure that fraudsters, like the vendor in this case, are not able to get away with ripping people off

 

Paypal is quite happy to make sure you are not ripped off and you are refusing to let them. The whole Ebay/Paypal thing is a minefield for the unwary and I'm no great fan I can assure you but they are happy to deal with the problem for you so why not let them? It's unfortunate you put yourself further out of pocket and you won't get that money back. It is not consequential loss. Think it through. Do you still have the old battery? Can you prove it's the original one sent with the laptop? Why have you refused to return the laptop for a refund?

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Used machine but in good working order

 

I've taken this quote from the original post, presumably from the original listing. As far as I can ascertain from re-reading the thread, the machine works when plugged into a power supply. If this is the case then the listing was not dishonest. Nobody expects batteries to last forever.

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