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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.  

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      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.

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      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.
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      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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Oven twitchy and Comet refusing help


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Bit of a long one, please stick with me! Back in May 2009 I had an oven delivered from Comet. On 05th November the top oven stopped working, and was fixed. The element had gone, which is unusual and the piece has a 25 year guarantee. I don't use the top oven that much, and found that on 14th April 2010 it had stopped working again. An engineer came on the 21st, returned on the 28th and discovered he didn't have the part! There was no further contact until I called on the 6th May and was told the part was not in. Finally was fixed on the 15th. I was told by the engineer the problem was likely to be the oven itself as the part doesn't go wrong unless something trips it. I was told by Comet that if they can fix something they will, and if it's not fixable then I could have a replacement. As the part is always replaceable, they can just keep replacing the part, and not the oven.

 

On the 18th, the oven wasn't heating properly, and Comet agreed I needed a replacement. Then I spoke to someone else who said no, it's now out of guarantee! After talking to Trading Standards they agreed to a callout with no charge, and my oven was fixed again, at this point I had had 5 callouts in 6 months. I called again quoting sale of goods act, and a senior engineer came round.

 

Now the same thing has gone again in the top oven. Comet have said I can't have any more help without paying, and are unwilling to give a replacement without a service engineer saying it's the same thing that's gone. I won't pay for a service engineer, so they're not helping.

 

What can I do now? Clearly it's the oven that's faulty and there's no way I should have to pay for something that has been twitchy at best. I don't use the top oven that much, but it seems every time I try, it works for a few months then it goes again! I'm so frustrated.

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How did you pay for it? Clearly this oven is not fit for purpose, and to be honest should have been replaced long before now, the fact the one year guarrantee has passed is irrelevent.

 

BTW, what make is it and have you contacted the manufacturer?

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  • 4 weeks later...

Do not give up on this, it is 19 months old and has a major component failure. If you requested a free engineer within 18 months, tell them this and advise that they should be offering the service free of charge. If found to be faulty again, you are entitled to a free repair according to their in house sliding scale policy.

 

The part they have replaced actually has a full 12 month guarantee with it. So dont listen to them when they say 3/6 months etc, the part is new. The part should have lasted. If it has become faulty again, then its safe to say there is an underlying fault within the appliance.

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