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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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Poor quality hair extensions

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I bought a new set of hairextensions at the weekend which are labelled as 100% human hair, I’d got themhome and opened them ready to put in my hair but my fingers kept getting caughtin them and they felt very non-human hair like. I held them up next to my 2year old, washed, heat styled and dyed hair extensions and the new ones seemedto really not feel like human hair. I was already on my third set of extensionsso I’ve had experience with quality sets and these are the worst I’ve ever had.I called the next day after I had spotted on the receipt that it says norefunds or exchanges to explain that I really wasn’t happy about the quality andwanted to have my money back as there was no chance I would put these in myhair as I didn’t trust them not to singe if I tried to style them. I wasadvised to bring them in but it’s not likely they would do anything.

While I was in the store I wastold if they’re opened I could not return them and she would straighten them toprove that they are 100% human hair. She then took a more expensive set off ofthe shelf to compare and I said that they were nicer but if the original setthat I had bought were human hair, then they would both feel the same and shejust said they were treated differently. I continued to explain that I stillwasn’t happy, I wouldn’t wear them as the quality is not right and I’d alreadypaid twice what I normally do. She then called the manager who continued totell her she could not refund them as they were opened. She told me thatanother customer would not be happy to own them as they look pre-worn as theywere not tied into the packaging, and that basically I should bear that inmind. I said that I am still a customer whether I have paid or would beconsidering paying and should I still leave unhappy because they are worriedabout a future customer, and then I was told to sell them on e-bay.

I was not told at the point ofpurchase that they were non-refundable or exchangeable which is something Ithought was supposed to happen anyway which is why I had planned to take themback, when I said this to her she said it does say it on the receipt...whichshe had put in the bag and not in my hand.

Am I within my rights to return theseextensions and get a full refund? I will never wear them; they are still in theoriginal packaging (the purchase and call were within 24 hours of each other)and there is no way I will get the full amount back selling them on e-baywithout someone else making me liable for selling hair which I don’t believe isthe correct standard!

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Your statutory rights cannot be overruled by terms on a receipt but first of all you need grounds to exercise your statutory rights under the Sale of Goods Act 1979. You say that you do not think it feels like human hair. If you could prove that it was not human hair, then it would not be as described under S.13 of SOGA. I can only assume you would need an independent expert to perform a test on the hair to establish that.


The other argument that it is not of satisfactory quality is tricky. I will have a nosy at some of my cases to get an idea later on but each case is judged on its circumstances so it is far from easy.


If goods fail to comply with the aforementioned sections within 6 months of delivery to the buyer, then the burden reverses on the retailer and they must show that the goods were in compliance with the relevant sections at the time of delivery to the buyer.


If the above cannot be shown then the shop is under no obligation to refund, replace etc. Interesting nonetheless.


P.S, S.14(2A) creates an objective standard of satisfactory quality taking into account the description of the goods, the price and any other relevant factors.


S.14(2B) creates a checklist relevant to the quality of the goods. Fitness for purpose for which the goods are commonly supplied.

Edited by Last Of The Time Lords

LL.B (Hons) - University of Derby


'real world' legal and retail experience too

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Unless the seller has a refund policy in place, you have no automatic right to a refund when you buy something from a shop. You would be entitled to a repair/refund/replacement if you could prove the hair was not as described, not fit for purpose or not reasonably satisfactory quality. Unfortunately it sounds like you probably aren't entitled to a refund in this case.




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