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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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      • 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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Help

 

I purchased an electric recliner about 4 and a half years ago.

 

About 6months ago I gave it to my mother as I had purchased another one. We moved it ourself from my house to my mothers. About 4 months ago it stopped working. I contacted the retailer and they informed me that since it was no longer in the house to which it was delivered they did not have to cover the guarantee. This was because it was possible that we damaged it in transit.

 

Is this correct?

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No, if it is still your property (the chair) then its location is irrelevant as it is not a fixture of the property like a boiler.

 

They are claiming that because we moved it it could have been damaged in transit and they are not liable for that!! They state they should not have to pay for something which we my have done and there would be no way to prove it either way.

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This could well go either way in Court.

 

Although their terms state you cannot move the chair, they may well be unfair. BUT, you may well have damaged the chair when you moved it.

 

Have you considered getting an independent report/repair and then asking towards the cost of repair?

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Then tell them to come out and inspect and that the proof of damage in transit lies with them, not for you to prove otherwise. The claim that it is impossible to prove either way shows that they are not convinced of their own argument. Challenge them in writing and tell them that their response will be passed on to trading standards.

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Hi Tillie,

 

Has anyone diagnosed the fault for you.

 

Have you any idea what the fault may be.

 

Have you checked basic possibilities such as fuse, power lead, etc.

 

:-)

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