Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • 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
        • Like

Valid warranty on heater but not in stock


one4u
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4630 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all,

 

we have a broken oil radiator which we've purchased just about a year ago from Currys. When we tried to claim our warranty we were told that the type of radiator is out of stock at that branch and we would have to wait or accept a voucher valid the amount we've originally paid for the heater.

When checking their online shop the heater in question is still advertised as available for reserve and pick up BUT £10 more expensive!

Now: Would it be pure courtesy of Currys to direct one of those heaters to the store(s) near us or do they have to arrange for local availability?

Of course none of the similar heaters is available at the same price and I am quite reluctant to accept the voucher.

Would be grateful for a clarification, thanks!

Link to post
Share on other sites

They cannot insist you take a voucher, yet still have the responsibility to resolve the issue this could be

 

a) Them exchanging it for an equal spec (You cannot insist but worth asking for)

b) Getting a replacement in (You cannot insist they transfer it from another store the cost of this is usually quite a bit despite how easy it sounds)

c) Get a full refund in the way it was paid

d) Get a partial refund in the way it was paid (For a heater a year old it would be about 60-70% of the original price imo)

e) Repairing the item but I highly doubt they would opt for this

 

I suspect they would go for c) unless they have someone who knows what they are doing in which they can legally offer you d)

 

This would be via The Sales of Goods Act 1979 (As amended) S.48C

 

(2) if the condition is that—

 

(a)by virtue of section 48B(3) above the buyer may require neither repair nor replacement of the goods; or

 

(b)the buyer has required the seller to repair or replace the goods, but the seller is in breach of the requirement of section 48B(2)(a) above to do so within a reasonable time and without significant inconvenience to the buyer.

 

(3)For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

Link to post
Share on other sites

Thanks for your reply.

I do not consider moving stocks between stores as expensive at all as goods would only be loaded onto a truck that will go that direction anyway because of a regular delivery. They have their own fleet running so it really is purely a matter of logistics, organisation and the will to deliver customer service.

 

Anyway, they already refused to exchange for a similar one so we will have to accept the voucher as otherwise we run out of our years warranty plus winter won't wait for us to get that sorted!

 

Again: Thanks for your explanation, that was really clearifying!

Link to post
Share on other sites

option E

 

if it is avaliable to reseve and collect in the store reserve it then when they say they have none in stock produce the resevation number, the reserved items ussually sit behind the counter so you would be able to point to it :p

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

Link to post
Share on other sites

Curry's onlineshop shows it available for reserve and pick up but when you choose the store for pick up it is checking their actual stocks and if not available then you can't reserve it unfortunately. :|

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...