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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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Problem with reclining chair


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We purchased a lounge suite in August 2011 which consisted of a singel chair, a 2 seater chair and a recliner which cost us about £2200. Within 6 weeks we had to contact the retailer as the seat on the recliner sunk down virtually onto the framework. It was repaired and then the same fault occurred a couple months later and it was repaired again. On both occasions I had to write a letter to them as phone calls had to response.

Unfortunately the seat has sunk yet again. As I suffer from a disability, I do use the chair every day for probably most of the day. This was made clear to the salesman when we purchased the unit. With the seat offering very little comfort it has now affected my back and I now suffered from back ache more than ever.

Given that lounge suite is over 2 years old, can I claim an inherent fault under Sale of Goods Act as it has been repaired for the same problem twice before. Admittedly I should have chased it up several months ago, but was reluctant to approach the retailer as the last time, I was treated rather rudely.

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We purchased a lounge suite in August 2011 which consisted of a singel chair, a 2 seater chair and a recliner which cost us about £2200. Within 6 weeks we had to contact the retailer as the seat on the recliner sunk down virtually onto the framework. It was repaired and then the same fault occurred a couple months later and it was repaired again.

 

Did they say why it failed at any time.

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Hi Surfer01. Did they say why it failed at any time ?

 

Not really as the people who came out to do the repair were individual upholsterers and not employed by the retailer. The manufacturer is based in China. The first lot shorten the straps under the seats and seem to have a couldn't care less attitude.

The second person seem to be more professional and removed the foam from the seat and replaced it with similar foam. The foam was grey in colour with different colours in it as if loads of bits of foam had been made into the one piece.

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Not really as the people who came out to do the repair were individual upholsterers and not employed by the retailer. The manufacturer is based in China. The first lot shorten the straps under the seats and seem to have a couldn't care less attitude.

The second person seem to be more professional and removed the foam from the seat and replaced it with similar foam. The foam was grey in colour with different colours in it as if loads of bits of foam had been made into the one piece.

 

The foam you discribe is called block foam.

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I think to prove there was a fault It would help if we could understand why it failed in the first place.

 

Did they say why it failed at any time ?

 

You say Not really as the people who came out to do the repair were individual upholsterers and not employed by the retailer."

I don't realy under stand this".

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individual upholsterers and not employed by the retailer.

can you say who they work for.

No idea as they were contracted by the retailer so I assume they worked for themselves. The seat once sat on, stays flat and does not go back to its original shape even if left for 2 weeks so basically sitting on the straps with a thin bit of foam in between which is not very comfortable and is causing me a lot of back ache. For the price we paid, I would have expected it to last several years and for the seat cushion to retain its shape for the same amount of time. I think they have used the cheapest possible foam which is why it no longer retains the original shape.

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