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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
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    • 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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Dispute over pc system


Malovern
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Hi all,

 

I wonder if you can give me some advice on my rights with regards to a custom pc order from pcspecialist.

 

Timeline:

 

03 Aug 2009 - Ordered a custom pc from their website.

06 Aug 2009 - Pc arrived and found faulty - motherboard - would not even boot.

06 Aug 2009 - Pc Specialist notified.

07 Aug 2009 - Pc collected by DHL.

11 aug 2009 - Pc received by pc specialist.

13 Aug 2009 - Found out the motherboard was faulty. Requested a full refund, this request was denied, the item was repaired and shipped back to me.

 

14 Aug 2009 - Pc arrived and found to have a screw rattling around inside, the dvd drive not connected properly.

 

16 Aug 2009 - One of the two graphics cards fails. Again requested a full refund as by now it is clear they cannot supply a working system - again denied.

 

16 Aug 2009 - Sent a letter by recorded delivery demanding a full refund and giving them 14 days.

 

17 Aug 2009 - Received confirmation email that the same person who denied the refund is dealing with the letter. (so I expect the same reply).

 

My Bank, Halifax, (as I paid by CC) says while the trader is "assisting" me, they cannot do anything. I would just like to hear your views please?

 

PS My personal opinion? Don't buy from this company!!

Edited by Malovern
Removing link - wouldn't want to advertise ;)
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  • 2 weeks later...
If you are attempting to rely on DSR's, you wont get very far as that specifically exempts made to order goods.

 

but they do include goods made from "off the shelf" components such as custom assembled pcs.

 

"the supply of goods made to the consumer’s own specification

such as custom-made blinds or curtains. But this exception does

not apply to upgrade options such as choosing alloy wheels when

buying a car; or opting for add-on memory or choosing a

combination of standard-off-the shelf components when ordering

a PC, for example"

 

from http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

 

H

 

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You can request a refund within a "reasonable period" instead of a replacement or repair - the period is not defined, but is normally dependant on what you have bought, as some things will wear more than others. As this is a PC, I would say that you are well within your rights to demand a refund if you do not want an exchange, quoting the sale of goods act.

 

P.s. your credit card company are talking rubbish, they just do not want to get involved. You were sold an item which was not "fit for purpose" and "inherently faulty at the point of sale" therefore against two of the five clauses against faulty items!

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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Now, under the DSRs, you can also cancel within 7 days of a replacement item (for an originally faulty product) being delivered. This means that your letter of the 16th could count as cancellation under the DSRs, and as such you should get a refund within 30 days of your cancellation.

 

You have two routes to go down - SOGA or DSRs. Both can compliment each other, but as the item is faulty, I would be going SOGA.

 

H

 

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