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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
      • 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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Dealer's or my liability?


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Hi all

I traded in my used car with a major dealership a week ago. They're now saying, as there is outstanding finance on the one I gave to them in the deal, that I am liable for it and it's my problem. The auction house it got sent to by them won't auction it.

As the car is now in the dealership's hands are they not liable for it?

I paid cash for it as did the previous owner - the problem goes back to an owner from four years ago.

Surely they should have HPI'd it before agreeing to the deal?

They're getting quite abrasive on the phone insisting I take the car back and pay them the difference.

Help!

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Hello and Welcome,

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Following on from Conniff's post, how do you know 'the problem goes back to an owner 4 years ago'?

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

 

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Following on from Conniff's post, how do you know 'the problem goes back to an owner 4 years ago'?

 

Because that's when the dealer is saying was when the outstanding finance deal was taken out.

I bought the car off an acquaintance after doing an HPI and it said that although there was outstanding finance on the car this was due to expire in July this year so I went ahead. There were no alarm bells, it had been bought by my friend from a garage before me after all.

The dealer took the car off me a week ago, we signed forms, I sent the logbook with their signature on it off to the DVLA. End of transaction.

Then they discover they can't shift it at auction due to a problem with the original finance deal. I'm saying that it's not my car now, they say it's my responsibilty. But they've sold me a new car and signed for ownership of my old one so who is in the right?

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I would say it is the dealers problem, but that doesn't mean they can't/won't report you for selling a stolen motor.

 

I paid cash for it as did the previous owner. Some outstanding finance from a few owners ago which has only just come to light doesn't tantamount to me "selling a stolen motor" though does it?

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Whilst there is finance on the vehicle it isnt yours to sell, you where aware of this finance when you bought it and whilst i can understand your thinking at the time you should have looked into it then rather than just assuming things would be fine, best case scenario you can either get the previous owner to clear the finance or have the finance company agree to let you take on the finance and to start a claim against the person owing the finance

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If you can get a copy of the HPI report it will have the details of the finance on it i.e. agreement number and finance house - give them a call and find out whether the agreement has been settled or not - it is possible that the agreement has been settled but this information has not been forwarded to the data agencies - if it has been settled then they will communicate with the dealer and the auction house to enable the sale to go ahead

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