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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
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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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Are these conditions legal under DSR?


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--- UNWANTED GOODS

Unwanted goods can be returned if unopened and in 're-sale' condition (i.e.

with any seals and shrink-wrap still intact). You will need to complete an

online returns form within 7 days of accepting delivery of your order. We

can only accept the return of opened goods if they are faulty.

As I understood it the point of the DSR was so that I could inspect, evaluate and even test a product and that the DSR made no garuntees about "re-sale" ability, only that I took "reasonable care" of the item. Is it legal for them to insist that I do not open the package? If this was say a TV do I not have the right to actually test the product meets my expectations?

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There is a difference between purchasing and obtaining goods 'on approval'.

 

A supplier could argue that they do not send goods on approval, which may appear to run contrary to DSR, but then why should a supplier - through no fault of their own - find an item sold returned with a request for a refund in full, meaning the value of the item has significantly fallen.

 

Issues where (for example) the TV doesn't fit its intended location, but has not been used. The box may have been opened, but it is otherwise unused would be a reasonable return. Sending it back after it has been used, becasue you don't like it would be a change of mind and a battle with the supplier is ahead, with no guarantee of success.

 

Catalogue companies (and others) price and expect a percentage of their goods to be returned, and factor this in. Discount retailers do not have this fexlibility, and will fight this all the way.

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Well I received the product (I'm not intending to send it back, was just wondering about their return T&C). The only "Seal" was on the actual package, none on the retail box itself. So I can only assume they are saying I can not open it at all, and just look at the brown box with the delivery details stuck on it.

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I's imagine they'd find it difficult to reject your right of return if there was any difference in what you actually ordered and what you received. I always take care when opening stuff in case I have to re-pack, and when I do they'd be hard pressed to complain they didn;t get it back in the condition it was sent out!

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