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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 
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    • 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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Buying a 2ndhand car 500 miles away...rights?


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As a bit of pre-purchase research am checking out options open to me. The car is 13 yrs old, is being supplied with a warranty :peep: which I now realise isn't worth the paper they are written on.

 

I will be doing a full and thorough check of all systems, plus a 45 min test drive, before paying balance due.

 

Basically, if the car gives up on way home, do I get the breakdown guys to take back to dealer or taken to my home ( involves a ferry crossing too!....but not to Paris!)?

 

If taken home can I insist they come and collect it if report on failure significant?

 

How long do I have to reject it if a problem arises?

 

Any advice gratefully received.

 

P

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Apart from the don't do it replies, my rights?

 

P

 

The problem here is NO ONE will know.

 

You can claim they are a dealer and if the car goes wrong, you could try to sue them. They have probably had so many different names and Directors, you would never recoup your money.

 

They may be a fantastic company and look after your every need, you decide.

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I'm not sure that case was the same as this. The OP in that one wasn't 500 miles away I don't think!. It would really depend on the circumstances and would probably have to be tested in court to whether they are responsible for recovery or not. I would imagine that you would end up arranging to have the car recovered to the seller and then pursue him for the cost.

 

I would not advise buying a car from a seller who is a significant distance away but is you choose to go ahead, perhaps you should establish what the seller is prepared to do in the event of a problem.

Edited by sailor sam

 

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