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      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.  

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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Recliner Chair& bed not as ordered - Refund?


boleynkid

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My Father-In-Law purchased a Rise & Recline Chair but

 

upon delivery found that it hadn't been made to the specifications.

 

The matter was raised immediately with the delivery man and the chair was taken away.

 

The relevant part of Clause 7 of the company's "Condition of Sale" states

"The company warrants that the goods will correspond with their specification at the time of delivery".

 

I cannot see any reference to what would actually happen in a case

where the chair isn't made as per the specifications.

 

Can anyone advise me please if he would be entitled to a full refund.

 

He has no wish to have any further dealings with the company as

he also ordered a bed from them and the mattress is the wrong size for the bed

so that is another matter he is trying to resolve.

 

As a result, he has just lost complete faith in the company and wants a full refund for the chair.

 

He has spoken to the company since it was returned and there are some signs

that getting a refund from them may not be an easy task.

 

My Father-In-Law is very unwell and this matter is causing a lot of distress

 

so any advice is very sincerely appreciated.

 

Thank you.

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when were these ordered

 

how did he pay

 

hat do you mean by specs?

 

were these bespoke orders made to his specific requirements?

or were they just 'off the shelf' designs [say from a catalogue of their products] already done, but had to be made?

 

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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when were these ordered

 

how did he pay

 

hat do you mean by specs?

 

were these bespoke orders made to his specific requirements?

or were they just 'off the shelf' designs [say from a catalogue of their products] already done, but had to be made?

 

dx

 

Thanks for responding dx.

 

It appears that they paid by debit card unfortunately and yes it does appear as though the design is already done ie from a catalogue and you just choose the specifications which are best for you.

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when were they paid for and

 

when were they delivered

 

 

should be quite simply if the spec he ordered was not what he got

as long as his spec was in writing.

 

same for the bed.

as for the bed

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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