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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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Mothercare replaced damaged item but didn't take the original away


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I bought a cotbed from Mothercare, £375 including mattress. It was delivered in June and when we opened it a few days later to assemble it we found it was damaged. The damage was fairly superficial (a huge gouge mark across one of the end panels of the cotbed) but we had paid a fair bit so we weren't pleased. We rang Mothercare, they apologised and arranged for a replacement to be sent out, they said to put the original one back in the packaging and the delivery driver would collect it when he dropped off the replacement.

 

The delivery company was Yodel (or Home Delivery Network as they were called at the time). He dropped a new cotbed and mattress off a few days later but wouldn't take the damaged one away because it wasn't on his job sheet. He said it should be collected in a few days.

 

Well no one came. I've had other deliveries from Yodel in that time and none of the drivers want to take it. A friend of mine has offered to buy it from me for £100 because she's due a baby soon. As it's been five months and Mothercare haven't contacted me about it where do I stand? I'm worried I'll sell it to my friend and they will all of a sudden come to me asking where it is!

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COntact whoever your contact at mothercare was and tell them since it has not been collected you are putting them on notice that they have 7 days to collect otherwise you will dispose of it. Once the 7 days are up tip it, or in your case pass it on to someone who can make use of it. Make sure you tell them this in an email at the very least so you have proof you put them on notice.

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