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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 
      • 81 replies
    • 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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sold car last week now buyer is troubling me


horserats
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I sold my car last week and now the buyer is troubling me telling me that the clutch needs replacing. I hardly used the car and she test drove the car before she bought it! i have always used the clutch like that! And dont see a problem with the clutch! also gave her service and mot from last summer!

She said its my responsibility and that any solicitor would stand by that

 

The buyer says they are going to garage to see what the mechanic says but if they say it needs replacing then its my responsibilty!

i dont think so!

 

where do i stand?

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I sold my car last week and now the buyer is troubling me telling me that the clutch needs replacing. I hardly used the car and she test drove the car before she bought it! i have always used the clutch like that! And dont see a problem with the clutch! also gave her service and mot from last summer!

She said its my responsibility and that any solicitor would stand by that

 

The buyer says they are going to garage to see what the mechanic says but if they say it needs replacing then its my responsibilty!

i dont think so!

 

where do i stand?

 

Depends if you are a private seller, or trade seller.

 

If a trade seller, the buyer may have recourse under the Sale of Goods Act (as amended to the Sale of Goods and Supply of Services Act), if they can claim the goods weren't of merchantable quality.

 

If a private seller, provided you acted in good faith and gave no assurances such as "the clutch has been tested and is fine" : you are in the clear : caveat emptor : the buyer should have undertaken more checks before agreeing to purchase it.

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Are you a private seller, not a trader?

 

Did you advertise the car truthfully and not attempt to hide or lie about known problems?

 

If the answer to both questions is "yes", then the buyer has no come back whatsoever against you.

 

If she has said that a solicitor has told her she has a claim, then she is talking out of her opposite end!!

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Yes I am a private seller

And yes I acted in good faith

 

She keeps pestering me

When she goes to the garage and tells me what they say

 

What should my reponse be?

 

"I'm a private seller, I acted in good faith, not knowing there was going to be a problem.

I'm not responsible for a problem arising after you bought it"

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Thank You

And presumably she says I am?

Should I just ignore her

 

Yes, just ignore her.

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