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By Jambomakaveli · Posted
My father purchased a £500 iPhone for my mother, he did this on the argos website and paid at the time of order with his debit card. phone was collected the following day. After assessing it for around a few hours, my mother wasn’t happy with it. I have tried to return the phone under the CCR regulations, specifically distance selling. this has been refused. I have escalated to customer service and been told firstly I can’t return it under distance selling because it’s been opened…. And then told after that electrical goods of any kind are exempt from the distance selling laws. I’ve also been told by the store manager that upon presenting my order number in store I could have asked the staff member to open the item so I could inspect it and then refuse it. surely that means though I could just reserve an item everyday for the next year, and then go into store and ask them to open it, breaking the seal etc and then refusing it? If everyone done that, they wouldn’t have a business. I guess I’m just looking for absolute confirmation from someone in the know or who has been through the same, if I purchased the item online, and paid for it online but then collected from store, does this still fall under the distance selling laws? it’s a David vs Goliath and I’m struggling to keep going, but I’m trying to hang in there. I’d just like to know for sure before I properly take up the fight. im really grateful to anyone who can provide any help or advice. -
By honeybee13 · Posted
And have they asked young people if they would be interested? -
we certainly don't advise tipping them off providing anything that might 'play your cards' and elude to what your WS might contain at the defence stage. -
and as expected UK rejects mobility agreement with Europe to help young people travel and live abroad WWW.INDEPENDENT.CO.UK Labour also rejected the possibility of an EU-wide scheme for young people a Government spokesperson said there was no interest from the UK side, adding that “free movement (for UK plebs) within the EU was ended”. -
By anotheruser0000 · Posted
Yep, I agree with what you are saying, I only mentioned the governing body code of practice as a nod to the fact that I wasn't dismissing the BPA or whoever out of hand, thought that would go in my favour before a judge. I wrote a long post about the BPA CoP earlier but then deleted it because I realised I wasn't talking about points of law but a set of guidelines drawn up by one bunch of charlatans for another bunch of charlatans. It is ludicrous that the 5 minute consideration period doesn't apply if the motorist parks, such nonsense. As for legislation, I was referring to the government legislation (if it is legislation?) document which has been withdrawn. Does that stand until it has been reintroduced? In the explanatory document it is quite clear. Otherwise, how does one hold them to the consideration and grace periods? Or is that at the discretion of the judge?
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If you are buying a used car – you need to read this survival guide.
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If you are buying a used car – you need to read this survival guide.-
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
ATJ posted a topic in Vehicle retailers and manufacturers,
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.
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A2Dominion - Housing Association property flooding - damning ombudsman report
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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.
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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A primer for County Court prcedures please?
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