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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Sir, that noise coming from your gearbox is normal!


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Hi all, this is my second thread here and unfortunately things are getting no better with me and my 'new' 09 plate Focus.

 

I reported last week that the car has developed a rattle which sounds like it's coming from the gearbox area. This happens when the car is at idle and outta gear, especially stood outside the car on the passenger side, it sounds like somethings rattling itself to bits!

 

Anyway, long story short i had to visit the garage last night after work to point out the noise to one of their technicians. He came out saying that he couldn't hear anything, which soon changed into 'yes sir, i can hear that'. After an encounter on the forecourt with two technicians pondering over what the issue is, they mentioned the clutch release bearing or the DMF, but they would take another look today and get back to me.

 

As promised the garage have called to say the car is ready for collections and that the Service Manager has seen the car and has said the metallic rattle coming from the flywheel/clutch/gearbox is normal, but when i asked where i stand if one of these fail after my initial three months warranty ran out the garage have gone silent. They promised me a call back but that was hours ago!

 

A little twist to all of this though, is that i have just found an email from the dealer principle sent to me yesterday. This is in reply to my first complaint two weeks ago about the accelerator failing - i've emailed him back to say that issue has been resolved and explained what is now going on, asking the same question above regarding the warranty and what happens in regards to any failures after the warranty has expired - given that the problem was reported within the initial three month period!

 

For all you lovely people out there though, any ideas where i would stand legally if the worst was to happen?

 

Thanks

Dean

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your car needs a new dual mass flywheel if it is making a noise it needs replaced. put your foot on the clutch the noise will go away. there is no if this fails, it has already failed. this is a very comman problem with a lot of modern cars.

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Use soga as already advised

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Make sure that you keep a note of all visits and all conversations - names, dates, places - everything. Get a notebook and keep it just for this purpose.

 

Best thing will be to get a professional opinion

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Thanks BankFodder! I've already got a list of dates written down and a brief summary of what happened alongside it.

 

I've been given another bit of advice that is slightly worrying to me *this did NOT come from the dealers BTW*, but the failing of the DMF can come under 'wear and tear' and therefore is generally not covered by warranty. This i understand, but surely this can't apply in my situation as i've only had the car 4 weeks (three weeks when the fault was reported)?

 

I'm still waiting for a reply from the Dealer Principle, so i'll update later if/when i hear anything :smile:

 

EDIT -

Is this alright BankFodder?

 

·17th June - Collected car from Evans Halshaw Middlesbrough (paint repair needed on front bumper, original repair was damaged when valeters cleaned car with 'a diesel powered jetwash'

·28th June - Knocking and sensitive throttle reported to Evans Halshaw Service department

·1st July – Called to update the dealers service department re: loss of throttle

·1st July – Dropped car off – fault last happened this morning on A1(M)

·2nd July - Call to dealers they saying no fault found and no repair will be made - spring replaced in brakes – I made them aware of warn drop link and that this needed replacing

·2nd July – I dispute ‘no fault found’ and email is sent to Pendragon

·3rd July - Called dealers to advise I’m working away and not available until Friday. They advised further part on order (unsure what this is)

·5th July - Car collected - spring replaced on rear brake callipers along with potentiometer - drop links not replaced

·11th July - Call to dealers to report knocking from rear was still present and that rattling noise had also appeared from gearbox area (also paint repair was needed as agreed upon delivery)

·13th July - Car dropped off

·15th July - Call from garage to say drop links were on order and no issue with gearbox, only noise present is engine noise

·15th July - Visited garage and was told that it 'may be the release bearing although sometimes these 'just rattle' or possibly DMF' - await phone call tomorrow after technician speaks to service manager

·16th July – Voicemail left to advise the car is ready for collection. Spoke to dealership who advised service manager has seen car and rattle is ‘normal’. Replied to Dealer Principle email regarding an earlier complaint advising of issues i'm now having and asking who would be liable if fault deteriorates after three months warranty expires (within a reasonable time)

·17th July – Tried calling Service Manager, no returned call/voicemail

Edited by skematicgnu84
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Well i spoke to the garage twice yesterday to try and get hold of the Service Manager, as the email i have sent to him and the Dealer Principal seems to have been ignored.

 

I was told the first time that the service manager was out, second time he was in a meeting and will call me back. With no great surprise, i had no contact.

 

So, today i am ready for a 'fight'. I hope whoever reads this next will be able to back me up and say what i'm about to do is right.. but i rang them at 9 and give them till about 12 lunchtime to ring. If they don't, then that will be the end of the phone calls and i take this further. I think i'll collect it after work if they're adament nothing is wrong and it's normal for a gearbox to rattle and i'll take it to an independant and ask them to have a look and give me a report.

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Write to them, detail your complaint, detail what you want done to resolve it, you want it repaired or if that cannot be done you want a full refund. Throw in a few lines about the sales of good act.

 

Send it recorded delivery. Stop speaking on the phone now, that time has passed and is obviously not working.

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Cheers Ash, i'm writing a letter now. Just to clarify a few things though..

 

1- Is it best to leave the car there?

2- Do i need to inform the finance company? How will this work if i reject the car, is there normally a sum payable by me to 'end' the agreement?

 

EDIT -

The Service Manager has just called explaining that the technicians have advised the gearbox rattle is normal (again) and when asked what happens it the DMF/gearbox fails after the three month warranty, he said 'all i can say is that the warranty is three months and non extentable'. He says that he's reluctant to start taking the gearbox out, change parts as this may not cure the fault. Therefore as far as he's concerned the car is ready to pick up and no further action will be taken and recommended that i collect the car and take it back in a month if i'm still not happy!

 

After telling him how unhappy i am spending so much money, he's contacting the dealer principal for advice and will call me back.

Edited by skematicgnu84
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Cheers Ash, i'm writing a letter now. Just to clarify a few things though..

 

1- Is it best to leave the car there?

2- Do i need to inform the finance company? How will this work if i reject the car, is there normally a sum payable by me to 'end' the agreement?

 

EDIT -

The Service Manager has just called explaining that the technicians have advised the gearbox rattle is normal (again) and when asked what happens it the DMF/gearbox fails after the three month warranty, he said 'all i can say is that the warranty is three months and non extentable'. He says that he's reluctant to start taking the gearbox out, change parts as this may not cure the fault. Therefore as far as he's concerned the car is ready to pick up and no further action will be taken and recommended that i collect the car and take it back in a month if i'm still not happy!

 

After telling him how unhappy i am spending so much money, he's contacting the dealer principal for advice and will call me back.

Take it to another main dealer and ask if ther is an issue. Don't mention you have bought the car recently and from whom.

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Well, funny you say that Surfer. The Service Manager called earlier this afternoon to say that the Dealer Principal is unavailable today, however they have taken the car to a main Ford dealer for a second opinion. Funnily enough, Ford have backed me up and confirmed that there IS a fault (i would loved to have been there to see the blokes face from Evans Halshaw), parts are on order, the gearbox is coming out and the fix will be made shortly!! Me 1 - 0 EH

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