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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
      • 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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App Developer Breach of Contract

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Hi All


In June of this year i approached a software developer to produce an iPhone app for me.


We had a couple of web meetings and a price was agreed and i was informed that they estimated it would be competed and on the app store mid august. We are now in november and my app is still not complete. More than seven deadlines for completion have been missed. Moreover the actual BETA (test) app they delivered earlier this month, crashed and was not to spec even basic spelling was not correct. I since found they are farming out the coding to India I have paid 50% of the cost of the app upfront.


It was made clear to them that a competitor was developing a similar app when they found out about mine was in development, theres was out in August. Suffice to say i have lost a huge amount of potential customers who have used my competitors app and i cant get the developers to finish my project. In summary I have paid a thousand pounds up front for a app that was expected in August and have nothing to show for it.


What would your advise be for my next step, when I challenged them on the delays i keep getting fobbed off with "thats the nature of app development" Can i request my original money back as app is not fit for purpose and breach of contract for timescale? Do i have to give them a timescale first to put the app right? bearing in mind its three months late.


Any commets gratefully received

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Hi jsa,


When your price was agreed, was anything set out in a contract, or at least in writing, about the timescale for delivery.



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  • 11 months later...

I paid an app development company to produce an app for me. Cost just under 6k. We agreed a timescale of two weeks in writing, two months later they still hadn't produced my app. When I finally got the app, there was a problem with the Dropbox framework not working with the latest iOS version, on eof the buttons didn't work, and Apple rejected it saying part of it had not been implemented within there guidelines. I have paid all the money. Now they wont answer my emails asking then to put it right. They are a uk firm about 20 mins away form me, LTD company with assets and cash in the bank according to my company check.


What are consumer rights for purpose made software?


Do I have any legal rights for breach of contract because of the agreed timescale being broken?

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Thanks for the advice guys. As they have produced the app, do I sue for a percentage of the money paid as they have doen work even though out of the agreed timescales and doesn't work properly or for full amount in your opinons.

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