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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 
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    • 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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Furniture Village - URGENT HELP NEEDED x


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Hi we have placed an order for a siyte of furniture from FV approx 6 weks ago.

 

We ordered 1 x 2 seater

1 x 3 seater

1 x chair

 

The store phoned us last week to inform us that the sofas were ready but they were unable to supply the chair as the individual in the store had mi sold us on the fabric and it was not possible to make the chair as ordered.

 

We vistied the store and agreed that if the store could make the chair in another fabric that we chose then we would continue with the order.

 

The store were due to call us but have not

They have told us the order is ready for delivery

They are refusing to refund us the deposit even though we no longer want the order as its not what we ordered

They are being extremely un cooperative with regards to attempting to rectify this situation

 

In my limited legal knowledge as the goods are not the goods we ordered I feel that we do not need to accept the orde and are entitled to our deposit back?

 

Please help they are hounding my mother and this is unfair

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This is a clear breach of contract on their behalf. They have already admitted that they cannot fulfill their obligation because the chair you wanted is not available in the fabric you wanted. You have been nice and said you would accept another fabric, again they have not done this.

Write to the store manager cancelling your order on the grounds that they cannot complete. Give them 7 days to refund your deposit and if they fail to do this, then issue a claim in the county court.

Before you go this far though email the CEO. His name is Peter Harrison and his email address is on the CEO email address site.

I get the impression that this is another company that flouts the SoGA and relies on peoples apathy to give up when sold shoddy goods or they fail to give you what you have paid for.

Why would you buy a 3 piece suite with 2 sofas and a chair and not get the chair? Are they mad? You want you have agreed and nothing less and if they can't provide it, go elsewhere. Try John Lewis clearance or buy secondhand sofa and chair and use the money to have them re-covered in your chosen fabric.

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Thank you thats superb advice - we have drafted the email and ini fact when we contacted the marketiing department to ask for the email they seemed to have received this type of complaint previously.

 

The store manager has phoned my mother and stated that athough he cannot possibly understand why she would want to cancel (!) he will refund the money within 48 hours.

 

Am holding onto this letter just in case.

 

Thanks again for your help

 

Michelle

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