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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.  

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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.
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      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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do I have a guarantee on my repair?


scott6kids

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Hi,

 

I have a new clutch put on my Vauxhall back in November at an independent garage in Rugby.

 

The service was really not the best however it was the best price around.

 

months have passed as the clutch is not feeling right again - its very floppy like its about to fail.

 

Do I have any guarantee for the repair or do I just have to pay again?

 

Thanks

 

Scott

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any guarantee is in addition

to any rights your have under

soga

 

or

Sale and Supply of Goods Act 1994

 

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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thanks - I was not sure how this would apply to motor repairs and its genuinely the labour which costs the money rather than the actually part purchased?

 

Appreciate that the money I paid was including the labour.

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Yes, you do have a guarantee. S.13 of the Supply of Goods and Services Act 1982 requires that work is carried out with reasonable care and skill.

 

I suppose that they supplied the clutch parts as well which would have to be of satisfactory quality.

 

Go back to the garage and see what they say about it. Keep notes of everything that is said.

Make notes of the mileage when the work was done and the mileage now and make a good note as to the problems you are experiencing.

 

If the garage don't agree that there is a problem then have the car tested or examined by another garage. If they say that you are right then get it in writing and then send a copy to your garage and say that you want the work done

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This is how it works with repairs of this type.

 

The parts are usually guaranteed for a period of time. The labour is also guaranteed for a period of time. They are not the same thing under one guarantee.

 

Parts from a franchised dealer will normally be covered for a minimum of 12 months and include labour. Parts bought outside of the franchised dealer i.e. not an approved dealer or franchised service agent, be they genuine, pattern or re-manufactured would normally be covered for a period of 1/3/6 or 12 months. This does not though cover the labour. Labour is covered by the garage fitting the part and is generally accepted to be 3 months. This is derived on the basis that if it was a fault based on the original fitment then it would manifest itself within the 3 months they give.

In the OP's case, the likelihood is that it is a graded part, not remanufactured that has failed.

 

Hence the cheap price paid.

 

OP needs to check guarantees given with the original fitment and not necessarily rely on the supply of goods and services as this could well have been complied with.

 

Rule of thumb is that cheap is not necessarily the best option.

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