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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.

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      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
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    • 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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wrong quote and final price, garage now demanding more money


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shortly before last xmas, the clutch went in my wife's car. after some research on the net and local mechanics, quotes were around £200. our regular garage was too busy so we took it to another local garage on the recommendation of a relative.

 

the car was taken in, inspected, and the following morning my wife was given a quote over the phone of between £180 to £200, and that it would cost no more than £200. she explained that as it was an older car (1999), she didn't want to spend a large amount of money getting it fixed, especially with xmas only a few days away, and with the fact she hopes to get a new car in early 2012. garage was told to contact us immediately if it would cost more.

 

my wife agreed to the quote, and the mechanic rang at 5.10pm the same day to inform her the car was fixed and to collect it asap as the courtesy car we were given by the garage was needed by someone else (this courtesy car had a non working electronic dash, so we had no idea of fuel level, speed etc, but thats another story!). my wife asked how much for the final price, the garage mechanic told her. one..eight..two...seventy. now to her (and me), that sounds like £182.70, which is in line with the quote he gave her that morning. he said he had to be paid in cash and that no VAT would be charged. we had no problem paying VAT, but that was his decision.

 

she arrived 10 minutes later with £180 cash, and as she handed him 3x pound coins, he says the final price is £270. gobsmacked to say the least. i wasn't there to argue the case (was at work), so wife left the garage telling her she could "throw in the other £90 next time you are passing through".

 

i rang the garage the following morning, he adamantly denied the original quote (said quote was up to £270, not £200 as he had told my wife), and said he did not know where she got a figure of £182.70 from as the final price. we did not get a written quote, or even a receipt/bill to this day. i was courteous with him on the phone, even though i could smell a pre-xmas cash rip off, but kept my cool until the point where i decided our conversation was going nowhere, and i hung up.

 

bottom line, car is fixed and running well. we paid him the final price he gave to us over the phone (minus £3 which he didn't accept, although we offered). the garage only has my wife's mobile number, so she has received the odd poorly written sms message requesting money. the garage is family owned, but we both spoke to the same mechanic who worked on the car.

 

where do we stand? are we obliged by law etc to give him the remainder of the money he claims we owe him?

 

thanks in advance! :)

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you didn't have a fixed price. just a quote which was verbal anyway. the garage could pursue you for the balance via county courts if they wanted.

 

If they do, then presumably the OP will defend the claim and at the very least the garage will have to quantify the bill, which they may not want to do!

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he said he had to be paid in cash and that no VAT would be charged

 

Even if they wanted to do anything, as soon as you reminded them about the above i think they would just forget about it as doing cash jobs for that sort of money the tax/vat man would be intersted in there books if they got wind of it..

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