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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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Can I get out of this car finance?


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Right, I bought a lemon.. on finance.

 

Its becoming an absolute money pit, the amount of miles I drive I need a reliable car.

 

Ive broken down eveyr month so far, aways something blowing and costing £500

The 50% mark on the finance has passed, ages ago, ive got about a year left

but a) the car wont be worth anything by then and

b) its asking for yet again more money.

 

The problem I have with the “just give it back” argument is ive been told it needs to be in A1 condition.

 

Well, as it’s a lemon the ecu is corrupt ,

the dash flashes like a Christmas tree,

the radio doesn’t work anymore (arial ripped off!) and there are dents and dings around the car.

 

So, in theory, its not a1 and could potentially get a mechanic to make it A1 and charge me most of the £1700 left on the finance.

 

Ive also just got my credit file back on track, I don’t want another default or CCJ.

 

My first thought was to pay off the finance early from a credit card and sell it, then use the same company to get a new car.

 

What are my options?

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if you return under the volutary termination clause (e.g. the 50% rule) the car needs not be in A1 condition - it simply needs to be in reasonable condition for it's year. From what you've mentioned it may fall short of that, as such you could be chased for further costs once you've returned the vehicle.

 

How long have you had the car for?

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Well it was an 04 plate when I got it 20 months ago.

 

Its not in bad shape, just these 'issues'.

 

If i got the ecu sorted i gues si could be onto something?

 

I guess that company wouldnt offer me finance again though.... The best they offered so far was to take whats owed and slap it on a new cars finance :/

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I would have loved to, however I bought the car 200 miles from my house.. they KNEW I wouldnt make use of their 3 month guarantee

 

When i broke down two weeks later, the car wasnt drivable, AA tow to garage, £500 later ...

. back on the road until the next failure.. .£500..

 

. then the next.. £500..

 

. now i can hear the suspension creaking, wheel wobble, radiators leaking, ecu has corrupted, radio ariel flew off.

.. and ive hit the RAC's callout fair usage policy!

 

Really confused what to do.

 

The car is worth 900-1200 or so when in good condition (working)

The clutch needs doing, upper wishbones and a new MAF and cambelt's due in 7k.

 

1700 left on the finance.

 

I could potentially, pay it off using a credit card, get it sorted and sell it off to clear most of the credit card debt then take out a new loan with them.

 

My missus says keep paying it off and run it into the ground, but i dont think i can do another year of monthly breakdowns!

 

Or i get it sorted, hand the car back and then risk not being able to get another car loan from anywhere

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just give it back you don't get a black mark on your credit file as we did this about 3 years ago when my husband lost his job.

 

maybe as well you need to look at a cheaper car next time as all cars can need repairs he bought a 400 pound car with 12 months mot and 3 years later he still has it and its only cost about 200pounds for the mots.

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ideally you should have gotten this done under SOGA or the selling of good act.

 

theres no way you should have had to have paid +£1500 for faults on a car purchased 20mts ago.

 

nothing whatsoever to do with any warranty, that's in ADDITION to your rights under SOGA etc.

 

http://www.adviceguide.org.uk/england/consumer_e/consumer1_cars_and_other_vehicles_e/cars_buying_a_used_car_e.htm

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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and the finance company are EQUALLY responsible.

 

pers if this were me i'd be after all the money back paid for 'repairs'

 

and the car be fixed or the agreement cancelled.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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