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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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Knowhow refusing to honour 28 day limit


Unclebob48
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I dropped my HP DV6 laptop off at the local PC World on December 10th 2012 to have the hinge repaired under the Whatever Happens / Coverplan scheme, which promises to repair your computer within 28 days or offer a replacement or store-credit for a laptop of similar specs.

 

On January 7th (Day 28), I received an SMS message thanking me for dropping the laptop at the store and givig an estimated return date of 16th January.

 

I contacted Knowhow by phone, only to discover an administrative cock-up had occured due to the DV6 being mistakenly logged as my DV7 which had also been in for repair earlier in December. Somehow this had messed up their system. I requested a replacement under the 28 day policy and was told the matter was under investigation.

 

Further calls to Knowhow only served to confirm no-one had a clue what was going on, and that any offer by Knowhow to return a call was simply an excuse to get me off the phone and blatantly not going to happen.

 

On day 34, I decided to email Knowhow as I was reluctant to keep banging my head against the wall with the telephone system.

 

Today (day 35) I got a reply from David Cattermer informing me that as the laptop had now been repaired and should get back to the store 'soon' (still no assigned date for delivery) and as such I was no longer able to request a replacement.

 

Should I stick to my guns and insist on a replacement?

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Result! I didn't even have to push for a write-off, they agreed up front despite the fact I'd already collected the repaired item. I just have to take the laptop to the store, ask for the duty manager to authorise the pre-arranged instore credit and choose a replacement to equivalent spec.

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