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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 
      • 81 replies
    • 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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Faulty Desktop on Finance, 3 months old


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Hi,

 

(I'm sorry if this post is too long, but I would be forever grateful if you could read as much as you can and drop me a reply)

 

Firstly, I am new to these forums and have been browsing them for a week or so now, but only registered today. I have done reading on the SOGA on the direct.gov website, but I still don't fully understand it.

 

Although I'm new to this particular website / forum, I do know the kind of culture forums possess, and so I apologies if this is the 500 millionth times this has been asked, but like I say, I don't fully understand SOGA because it uses words a lot such as "usually" and "probably" so doesn't directly convince me of what is the correct solution to my problem.

 

 

The Problem:

About 2 month ago, 3 months MAX, I purchased an £800 Advent Desktop from the Currys / PC World Megastore on finance.

 

Firstly, I bought the computer for it's main purpose of gaming, I enquired their PC sale team in-store to recommend one for me.

After around a week I started noticing strange things about my brand new computer, which I look after intensely.

 

The computer would suddenly start to crash or "not responding" and would have to wait for things to load for a long time, or restart the computer and try again.

Shortly after, I also noticed that the humming sound was getting louder, and louder... and louder... I have the PC in the living room, and it drowns out the sound of the TV unless we turn it up, demonstrating just how long it was actually getting.

Again, as if the noise wasn't annoying enough, I started to hear rattling sound. At first I didn't know what this was, and actually didn't even think it was the PC making that noise, until about, a week ago I noticed it was in fact the computer, because it just wouldn't stop doing it.

 

I did some research as to what the noise was, and got some mixed, yet worrying answers, such as:

 

- Bearings (balls?) in the fans are wearing away

- Early stages of the Hard Drive failing slowly but surely

- Early stages of the Disk Drive failing slowly, but surely

 

These are things I don't expect to happen this early for a brand new computer, I had a computer before this, for about 6 years, which just treated like dirt to be honest, and never had these problems, ever, and the specifications were FAR FAR less than this one.

 

 

The next problem...

 

I am really fussy when it comes to taking good care of my belongings, obsessive, a hobby. (Even though I said the previous PC was treated like dirt, it wasn't mine, and was open to everyone).

 

For this reason, I pleaded with the sales team to check, double check, and recheck the computer was in immaculate condition, un-used, pristine, un-touched to which he agreed. But he came out with a bettered, un-sealed box, but he assured me some how, so I took it.

 

So, for these problems to occur so fast, for such specifications, leads to believing I actually *MAYBE* received a used / returned computer. More so for the fact, my friend bought the exact same one, perfect as of now, keyboard and mouse had some plastic wrap around them, like the stuff you peel off your brand new phone, and it's only now I realized that mine didn't, but why wouldn't it if it's brand new? I never peel the plastic stuff off anything, until it naturally wares it's self away in due time from being used and becomes and obstacle.

 

 

The most important part

 

I rang customer services about half an hour ago, told him everything and he offered me a repair to which I agreed, but then I wondered and asked "But, what about a replacement?" to which he SWIFTLY, INSTANTLY replied "If the keyboard and mouse wasn't brand new, why didn't you return it in the first week?"

 

Well my response to the fact I didn't I realize it was brand new until now, I've never encountered these faults before, and like I say, I only just researched a week ago what they were, hence the reason I called him half an hour ago.

 

Anyway, it's past the first 28 days, so I have to settle for a repair, which is fair enough, if the PC was brand new and un-used in the first place, but evidently, it's not.. So in my eyes, it was mis-sold, and the assurance the sale rep gave me was mis-leading? Also, SOGA says I actually have 6 months, and it's the traders responsibility to prove it wasn't faulty when I purchased it, but like I say, I don't fully understand it. (I am continuing to read it though and learn more about it, so I'm not one of them lazy ones who expect to be spoon fed, I am doing my research, but would just like that little extra "guidance".

 

So it's some 10 days collect and return thing, getting collected on Wednesday, in 2 days.

 

Just before I posted this thread, I noticed a lot of topics about "laptop lost" "laptop not returned" etc etc which worries me, and makes me want to refuse the whole thing and want a replacement instead... I want to know if someone can tell me the best thing to do, or what my rights are exactly, because I am not happy.

 

I'm sorry if this is too long, but I'm kind of obsessive and explain almost every detail in memory...

 

Thanks a lot for reading

 

#Ashley

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Hi and welcome to CAG

 

Firstly, here is a link to the OFT SoGA hub which is for traders to look at

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome

 

Here is an email address to keep safe should you need it.

 

[email protected] (He's the boss)

 

If a fault occurs within the first 6 months, it will be assumed that the fault was there at purchase. They can offer a repair instead of a replacement but Currys do this all the time. If, when you get the PC back, it is still useless, complain to the boss

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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