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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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Want refund on Hair Straighteners


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I bought some Hair Straighteners from Boots on Sunday.

they were in a sealed box and I couldn't view the product until I had purchased them and opened the box.

 

These were in a sealed cellophane wrapping which stated that

"Please do not open this bag is you do not intend to keep the product inside."

I still was unable to examine the quality of them without taking them out the bag.

 

Once out of the bag I found these to be of quite poor quality and have 3 buttons along the length of the handle

which you are continually pressing against your hand whilst using. These 3 buttons change the temperature

or turn the straighteners on and off. This is very annoying.

I haven't yet used these but know that these are not suitable.

 

Am I within my rights to return them bearing in mind that I was not in a position to examine them properly before committing to the purchase?

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I would think so yes. It is quite ridiculous to say you cant open the product fully to see if it works correctly ?

 

How did you pay for the item ?

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To strengthen you demand for a refund, you could get a friend to visit the shop and ask if they can take the straightener out of the box for inspection and see what they say. If they say no, then I would say the same rules as DSR come into play and you can demand a full refund as you weren't given the opportunity to examine before purchase.

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Your right to a refund would be based only if they were not of merchantable quality, not as advertised, or not fit for the purpose for which they were sold

 

You cannot say "the same rules as DSR come into play" for a purchase in branch : it isn't a distance sale.

 

If you weren't sure they were suitable for your needs, why did you not ask to see a set in branch where they may have had a demo / display set?.

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When these were purchased at no point did a member of boots staff mention that these were non returnable. When I have bought a similar item at Argos they informed me of this before I handed over any money.

 

The non return statement on the bag was actually printed on the bag along with the standard suffocation notice so I didn't spot this anyway until after opening.

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When these were purchased at no point did a member of boots staff mention that these were non returnable. When I have bought a similar item at Argos they informed me of this before I handed over any money.

 

The non return statement on the bag was actually printed on the bag along with the standard suffocation notice so I didn't spot this anyway until after opening.

 

If you can't claim a statutory right to return them, any refund will be discretionary.

A discretionary refund is more likely if the item is in a re-saleable condition.

 

Your likelihood of a discretionary refund is increased if you can make the point that the warning in the bag not to open it wasn't prominent.

 

were there any signs in store or in the receipt that warn that the item may not be exchanged or refunded if the packaging was opened as this might decrease your chance of a discretionary refund.

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