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Topic moved to Financial legal Issues forum in view of the claim form. Topic title updated Please continue to post here, Andy . -
Hi, Purchased a car from Arnold Clark, Nottingham branch, on 5th April this year. Car was located in a different branch of Arnold Clark (Glasgow I believe) so was purchased on the standard proviso that it would be checked over by them etc. Collected the car on 12th April, when I inspected it prior to handover it was noted that there was a ding/paint chip on the driver's door, a mark on the roof and damage to the screen of the infotainment (radio) where there was a chunk taken out of the touch screen. At the time I was told by the staff member who did the handover all these would be fixed as I had pointed them out to him, I even sent follow up photos of the damage a few days after. I drove the car away, signed the paper work etc. After some delays on their part the paint work was eventually booked in and fixed last Friday. The roof is still apparently being looked into (it's a standard wrap that appears to be a common issue with the car). The major issue here is the damage and chunk out of the touch screen infotainment system. This forms a major part of the car as you can change settings etc. in there. Arnold Clark are now advising me, after having a few people, including a manager there look at it, that they won't fix this, despite advising that they would during the handover. I have raised this with their internal complaints team but am receiving the same response. The general manager of the branch, who already had a very aggressive/blase attitude, which has been downright rude at points to this whole thing, treating it like's a trivial little mark. All this has left me with a very sour taste in my mouth and I'm now at a loss as to how to proceed and get this work repaired by them. Do I go to the Motor Ombudsman/finance company or? Thanks in advance for any advice you can give -
You'll need to acknowledge service pretty sharpish then. I'm sure dx will pop up once you've filled in the template with the next steps. -
By London1971 · Posted
It's possible, either way the OP's level of worry is far far higher, than any consequences. -
Hi lolerz thanks for your reply. I'll fill this in when I get home. Just to let you know the 25/05/24 is incorrect I received the county court letter on fri 17/05/24
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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.
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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.
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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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