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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
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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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Surcharges on parts

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Question - surcharges on car and van parts is it a legal requirement to pass the refund money back to the customer? The example being if a garage purchases the parts from a parts outlet and then hands your old part back to the parts outlet receives a refund on the parts. Should the customer get that refund?


If any one has information about this please pass on



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As above, the costs are calculated using the refund.


If, however, the part was sold as 'exchange' and a surcharge applied because you didn't have the old one with you, then yes, you should expect that surcharge to be refunded when you take the used part to the factor.

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  • 4 weeks later...

I don't know if its a legal requirement, but if the garage is charging full price for the part then adding the surcharge to it as if the surcharge part hasn't been or isn't going to be returned that is naughty!


The surcharge should be qualified by the repairer ie if the part is not broken or damaged and is resuseable core material they should credit the surcharge element prior to invoicing you, and take on the responsibility of waiting for reimbursement themselves, this also serves as incentive to actually return the part rather than bin it, or allow mischeivous technicians to collect and sell, or the garage themselves of course.


A customer should never have to claim it. Most factor supplied parts can still be credited the surcharges, and still discounted to the customers.


It won't have to show on the invoice as a credit necessarily, but the price charged should obviously not appear higher than the single part retail value (indicating the surcharge was added to the part cost)


only my2p

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Depending how big the surcharge is the garage might not bother.


If they have to box up the item and get it to a post office or a courier etc then it might not be financially viable to do so


Also, you only get the surcharge if the item you sent back is suitable for reconditioning, if the item replaced wasnt reconditionable then thats another reason

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I know many years ago when my dad would change alternators on cars, he would get the "new" (reconditioned) alternator from the shop with the surcharge added, but this was clearly noted to be refunded to the customer when they handed in the old alternator. This covers the shop for if the customer failed to bring the old alternator back after they swapped it. Without the "carrot" of the refund, there'd be no incentive for the customer to bother taking the old one bakc.

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The garage should put the price of an "exchange" item as the net price, that is, less the "surcharge" on the returned item.


1. Some customers do not believe an exchange item is as good as new

2. Some garages may quote the gross price and pocket the surcharge.


Speaking form experience in the remanufacturing industry, then an exchange item will have been properly rebuilt and any worn parts replaced or refurbished, and fully deserving of a 12 month warranty. In fact, refurbished starter motors and alternators were tested to "new" standards.


On the other hand some "new" items from spurious sources have been proven to be vastly inferior to a reconditioned item, both in terms of performance and durability. Personally I would choose a respected brand reconditioned item over spurious new item.

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Thank you Helios,

Yes, a friend of mine picked up a bargain as the owner had given up with a bad starting problem, haivng replaced both battery and fitted a "new" starter. This was replaced with a remanufactured unit. Problem solved.

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