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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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Bbs alloys are not homologated for vw t5 transporter


eugene123
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Can you clarify that the wheels which wern't suitable are 19 inch and you had the tyres fiited to them but now you have 18 inch wheels and have had to purchase a new set of tyres accordingly?

 

If this is correct, what was the price difference between the two sets of tyres? And are the tyres still fiitted to the unsuitable wheels?

 

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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

 

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Can you clarify that the wheels which wern't suitable are 19 inch and you had the tyres fiited to them but now you have 18 inch wheels and have had to purchase a new set of tyres accordingly?

 

If this is correct, what was the price difference between the two sets of tyres? And are the tyres still fiitted to the unsuitable wheels?

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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

hello sam , yes the wheels that are not suitable are 19 inch , i sending on the receipt which i got from performance alloys .

 

yes i had tyres fitted to them 19 inch alloys , which i got at finvoy tyres , i am sending on receipt also ,

 

i then did buy 18 inch alloys at vw donnolly bros which were suitable for my t5 transporter , so then i needed tyres , so i went back to finvoy tyres , to see what they could do , if i was to buy 18 inch tyres

so the deal was a complete change over , he took back the 19 inch tyres and give me the 18 inch tyres , because the 19 inch tyres were used , i sending on the receipt that i got with the 18 alloys

also ,

 

well to some things up about the tyre cost is ,, if i was to buy the 18 inch tyres it would have cost me about £500 all in ,

 

the cost of the tyres i got for the 19 inch alloys was £648 which the alloy s were not suitable i got from performance alloys

 

so that was a difference of £148 oweing to performance alloys selling me the wrong wheels

 

also if you notice on the finvoy tyres receipt the make of the tyres were hankook tyres so once they were fitted i notice the little vibrations , so i was not happy , so i did ring performance about this , they said at first maybe be the tyres , , so i went back to finvoy tyre ,s and they did change them over to pirell tyres , this did cost me £60 extra , i must say things were still the same , little vibrations , so that is when , i got on to bbs germany about the alloys

 

so to add thing up i was out of pocket a total of £208 because of performance alloy

thanks sam,,IMG.pdf

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So the tyre supplier took back the 19 inch tyres and gave you an allowance for them to 'adjust' the price for the correct tyres whicgh left you out of pocket by £208. This is in addition to the cost of the wheels from Performance Alloy? So if i got this right, your claim should be for £1608.00?

 

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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

 

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yes sam that is right, £208,, i guess i could get at letter stating that from the finvoy tyres , , when needed later on ,

 

what way will i add this to the letter you did type out for me ,

 

by the way , i must thank you for typing that for me , and helping me on here so far , ,,, thanks sam

Edited by eugene123
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Ok Eugene, I've amended the letter accordingly. You may want to show it to Trading Standards to get their opinion. If you stipulate a refund in 7 working days, you should allow in total 12 days before taking the matter to court;

 

 

 

Dear Sir/madam.

 

Re; BBS Alloy wheels.

 

 

Formal letter of rejection and letter before action

 

I refer to my previous letter dated 8th November 2011 in relation to the above. I enclose a copy for ease of reference.

 

I am dissapointed to note that you have not had the courtesy to even acknowledge my complaint and as such have taken further specialised advice on the matter including referring the matter to Trading Standards. I have also been in direct contact with the manufacturer of the wheels who have now confirmed, in writing, that the wheels are not suitable for my vehicle.

 

I therfore consider that the wheels were miss-sold by yourselves and as such formally advise you that I am rejecting them under the Sales of Goods Act 1979 (as amended). In addition, I had purchased the appropiate tyres to be fitted to the wheels which are consiquently now redundant. I have now had to purchase not only a new set of wheels but also a second set of tyres to fit them. The suppliers have taken back the original tyres and made the necessary cash adjustments which has left me a shortfall of £208.00 (all invoices etc to hand and available for inspection).

 

In consiquence, I require a full refund of the purchase price of of the wheels which you miss-sold me, plus the consiquential losses so far totalling £1608.00 within 7 working days from the date of this letter and also I would like to arrange the return of the wheels to you. I would like you to contact me (in writing) with the view to arrange this within the above stipulated time. Any return costs should be your responsibility under the circumstances.

 

Should you choose not to comlply with my request, I will without further reference to yourselves, commence proceedings in the smalll cliams court to recover my losses. This will also result in me claiming interestlink3.gif on the outstanding amount, any further consiquential losses and any court fees.

 

I very much look forward to your payment by return to avoid the necessity of the above mentioned action. Please note that I will only communicate with you in writing.

 

Thanking you in anticipation.

 

Yours sincerley

 

Eugene.....

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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

 

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Ok Eugene, I've amended the letter accordingly. You may want to show it to Trading Standards to get their opinion. If you stipulate a refund in 7 working days, you should allow in total 12 days before taking the matter to court;

 

 

 

Dear Sir/madam.

 

Re; BBS Alloy wheels.

 

 

Formal letter of rejection and letter before action

 

I refer to my previous letter dated 8th November 2011 in relation to the above. I enclose a copy for ease of reference.

 

I am dissapointed to note that you have not had the courtesy to even acknowledge my complaint and as such have taken further specialised advice on the matter including referring the matter to Trading Standards. I have also been in direct contact with the manufacturer of the wheels who have now confirmed, in writing, that the wheels are not suitable for my vehicle.

 

I therfore consider that the wheels were miss-sold by yourselves and as such formally advise you that I am rejecting them under the Sales of Goods Act 1979 (as amended). In addition, I had purchased the appropiate tyres to be fitted to the wheels which are consiquently now redundant. I have now had to purchase not only a new set of wheels but also a second set of tyres to fit them. The suppliers have taken back the original tyres and made the necessary cash adjustments which has left me a shortfall of £208.00 (all invoices etc to hand and available for inspection).

 

In consiquence, I require a full refund of the purchase price of of the wheels which you miss-sold me, plus the consiquential losses so far totalling £1608.00 within 7 working days from the date of this letter and also I would like to arrange the return of the wheels to you. I would like you to contact me (in writing) with the view to arrange this within the above stipulated time. Any return costs should be your responsibility under the circumstances.

 

Should you choose not to comlply with my request, I will without further reference to yourselves, commence proceedings in the smalll cliams court to recover my losses. This will also result in me claiming interestlink3.gif on the outstanding amount, any further consiquential losses and any court fees.

 

I very much look forward to your payment by return to avoid the necessity of the above mentioned action. Please note that I will only communicate with you in writing.

 

Thanking you in anticipation.

 

Yours sincerley

 

Eugene.....

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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

thank you sam , i will get it all retype out today and get it sent of to them recordered post , will keep you informed , i will not bother with ts for there opinion , as they have closed the case with me , but i think they are looking into the add on porformance alloys web site , but my case is closed with them , again thanks ,
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Very good Eugene, keep us posted on any developments.

 

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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

 

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Capture.jpghello sam ,was checking track and trace at royal mail today 10/03/2012 to see if letter was sign for ?? this is what it comes up with on the file , not sure what is going on ,

 

could it be , they refused it ,

 

i am quite sure performance alloys are keeping a close eye on this forum thread about bbs aloys as i made them aware the time i complaint to them i was getting help from the comsuner action group .[ATTACH=CONFIG]34122[/ATTACH]

Edited by eugene123
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Not sure how they can reach that conclusion without speaking to you as well. I would leave it. It seems like you will be taking it to court then. I would issue proceedings on Thursday which gives them their 7 days plus the extra days to allow for weekends.

 

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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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Not sure how they can reach that conclusion without speaking to you as well. I would leave it. It seems like you will be taking it to court then. I would issue proceedings on Thursday which gives them their 7 days plus the extra days to allow for weekends.

 

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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

thank you sam , for all your good work ,, eugene
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  • 2 weeks later...

hello sam , i have got no reply back from performance alloys in relation to the last letter i did send them , in fact when i go to trace the letter to see if they did get it , it comes up as what it does say on tread 87 . , so not sure what is going on ,

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If you sent it recorded, you will have proof of postage which will satisfy the court. Your only option now is to issue proceedings. This link will explain how to do it;

 

http://smallclaims.me.uk/index.html

 

Do not forget to claim the interest which you calculate from the time you originally reported the problem to the seller. Collate all your correspondence (especially the ones from the manufacturer). You will need to file copies to the court when the case has been allocated. You may find that the seller may think differently when the summons drops on his desk.

 

Keep us posted.

 

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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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I would have thought it might be worth contacting the department of Trade, to find out exactly what was said at the enquiry, or even whether the enquiry was relevant in any way.

 

I am just a tad suspicious about the lack of information given, if it were me, and my business had just been cleared of any fault, I would be giving case numbers, offering copies of the decision, etc. I would not be heading the email "without prejudice" either, as I would want it to be used in court.

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hello sam , do you think i should ring up department of trade, and ask them about this email performance alloys did send to me , even send it on to them , d o t , if they would like to look at it to find find out more , thanks

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Without some kind of reference number they may not know what you are talking about but you could try. My gut feeling is that they are bluffing because as MSSF says, why would they put 'without prejudice'? At the end of the day, you have evidence that the wheels have been miss-sold to you from the manufacturer. For Department of Trade to make a 'judgement', surely they would need to speak to all parties concerned?

 

But to cover all avenues, I think it is worth the call.

 

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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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thank you sam for getting back to me , could it be , deptartment of trade and tradeing standards are all the same , if so that could be what they mean that tradeing standard are not going to do enything on them , ,

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They are referring to this Eugene;

 

http://www.detini.gov.uk/

 

not the same as trading standards. Not sure that your issue is within their remit anyway. But still wort giving them a call yourself.

 

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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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hello sam , did ring dept of trade to day , they told me it is the same as tradeing standard or more or less type of thing ,

 

so i then did ring tradeing standard to day also so they told me more or less the same ,

 

i then got onto the person , ts , who was dealing with my case which is now closed , they said they could not do nothing on the trader because they could not prove they done enything wrong while selling me the alloys as the trader said that i like the wheels and i did buy them with my own choice .

 

this is not correct i did buy the alloy as i was told they were suitable for my t5 transporter 180 bhp lwb ,

 

trade standard,s also said they would not be going to court to witness for performance alloys ,

 

so i guess the meeting they had was with , ts , which ts could not take performance alloys to court ,

 

sam what should i do next , thanks eugene

Edited by eugene123
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Proves that performance alloys are bluffing Engene. Your only option (apart from throwing the towel in) is as per what I said in post 92.

 

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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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tks sam , i will have to go ahead and fill out the small claims court form , which i have , but it is not going to be easy for me , do i have to write the statment on the form or can i send it in a type letter also ,

 

i would not throw in the towel sam ,,, as i feel i am right ,

 

i do no that perfermance alloys would have got a letter from ts to tell them the case is closed also and that there was nothing ts could do on them regards selling me the alloys .

 

sam i see there must be a lot of people looking at this post with over 7000 views , that is a lot , but i hope they all take great intrest out of it ,

 

when i get all things gathered up i will put all on here on a file and let all see them , as i do not mind , as this may help others

thanks sam for now ,

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