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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
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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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Ipad from Vodafone stopped working


dmp1967
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Been registered for a long time but never really needed to ask for help much but hopefully someone can help me.

 

Got an ipad on contract from vodafone and have only had it for 4 months and it has broke, it does not boot up anymore.

 

What are my rights? can I ask vodafone for a replacement or do I have to have it picked up by them for repair?

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Normally it would be a repair, however it may be different with iPads. Have you spoken to Vodafone to see what they would offer?

Still on the lookout for buried treasure!

 

Any advice I give here is based on my own experiences throughout my life, career and training and should not be taken as accurate. If in doubt, speak to someone more qualified - a Solicitor, Citizens Advice to name but two possible avenues!

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A repair is most likely at this point. Don't let Vodafone tell you to contact Apple yourself though, if it needs to go to Apple for repair (which is most likely) then Vodafone are responsible for arranging this for you. The repair must also be completed within a "reasonable time" which is usually taken to mean 28 days.

Vodafone may, at their discretion, opt to replace the iPad instead, but this is their decision and not yours. Also note that any replacement may not be a brand new iPad, but could be a refurbished unit of the same model.

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A repair is most likely at this point. Don't let Vodafone tell you to contact Apple yourself though, if it needs to go to Apple for repair (which is most likely) then Vodafone are responsible for arranging this for you. The repair must also be completed within a "reasonable time" which is usually taken to mean 28 days.

Vodafone may, at their discretion, opt to replace the iPad instead, but this is their decision and not yours. Also note that any replacement may not be a brand new iPad, but could be a refurbished unit of the same model.

 

If the ipad was only 4 months old then should I not expect a replacement? You would expect an ipad to last longer than it has done?

Am I not covered under the sales of goods act?

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You are covered by the sale of goods act. The act states after you have accepted the goods, if they are faulty they must offer a repair or replacement, and that is vodafones call.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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If the ipad was only 4 months old then should I not expect a replacement? You would expect an ipad to last longer than it has done?

Am I not covered under the sales of goods act?

 

As Locutus said, you are covered under the Sales of Goods Act yes, but that doesn't automatically entitle you to a replacement, only a repair or replacement. This is Vodafone's call though, not yours.

 

They'll typically only replace if they can't repair. Even then, there's a good chance that the replacement will be a refurbished rather than brand new item.

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Hi dmp1967,

 

It's good to see that you've received some great advice so far.

 

Initially we'll attempt to repair your iPad and to arrange this you can either visit your nearest Vodafone store or we can arrange a postal repair.

 

Should you wish to go ahead with the postal repair option could you email me with your details via the Contact us form here and quote the code WRT135 - CAG Forum in the subject line?

 

Once sent you'll receive an automated reply with a reference number. To ensure that it reaches me could you update the thread with this and I'll get back to you as soon as possible?

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

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