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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.

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      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
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    • 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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HEWLETT-PACKARD (HP) - Wrong model delivered, what are my rights?


octoberse7ven
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First post here, hopefully won't be bashed about.

 

I've spoken to a Legal&Tax helpline (bundled with my current account - before posting here) this afternoon but they couldn't be more hopeless.

 

So, bought a Desktop complete with a Monitor and an Envy x2 hybrid on 22.12.13, was delivered on 24.12.13.

 

 

On the morning of 26.12.13 while tweaking BIOS I realised that it was a model different than the one ordered.

 

Namely Compaq 100-125ea (£280) instead of HP 500-137ea (£449)

 

Fired an email to HP right after breakfast, got a reply 40 hours later asking "are you sure?"...

 

Fast forwarding 4 emails and 5 calls, I received (on 28.12.13) a confession from HP stating they're sorry, someone will get in touch with details of what to do next.

 

When I didn't hear anything from HP, I rang them up this afternoon, spoken to a nice chap who promised to call me in 1 hour with all my questions answered. My phone rang in 45 minutes and here's what I was offered:

 

A collection will take place on 6.1.14 between 8-5 (I requested for late evening but was turned down)

 

I will be sent out a replacement of the original model once they've received back the wrong one (I requested for a replacement to be sent out before the collection of wrong model as it was not due to my fault- turned down)

 

In response to "So I'll have to wait 2 more weeks before I receive the replacement!?" "You can use the wrong model without any consequences"

 

(Like cherry on the top, HP charged me twice for the same order - no accidental double submissions, no duplicate orders - pushing me £770 over the limit on my credit card - card issuer says it's HP's fault, HP pass the bucket by saying "bank have got your money" - I'm going to raise a dispute)

 

Now my question, is it not my right to ask HP for a replacement before they receive the wrong model back?

(Yes, I offered them to return the product myself as soon as today but they won't take it)

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Easy. Tell the retailer to take it back. It is the wrong item and isnt wanted.

 

Regarding the replacement, sadly it is up to them. UNLESS there is a HP store around where you could return it to.

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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