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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
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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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Kitchen fitter did a day's work and disappeared


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I waited ages for a supposedly good kitchen fitter to come and refit my kitchen. He came during the second week in January and stripped out one side of my kitchen where all my appliances were situated. This was in order to see some obstructive pipes so that he could plan around them. I was in constant touch with the fitter via text messaging. By the time I knew the items were arriving I asked him to come back but he ignored me. I was constantly begging him on the phone and via text to come and make some progress but he did not come back. I have been without the use of appliances and running mains water in my kitchen for 3 months now. It was only in March that I gave up and started looking for another fitter and finally work started last Monday.

 

The first fitter has now contacted me again and wants to be paid £300 for his day's work saying he did "an honest day's work". To me it doesnt seem honest and furthermore I have suffered hugely from the inconvenience of not being able to do anything in my kitchen. of having to buy cooked food and drinking water and to take my laundry out regularly. He has also inflicted some damage to my kitchen by smashing tiles that were already in situ and throwing out items that were needed and now need to be replaced. These items alone come to around £75.

 

Do I have the right to sue him for non completion of the contracted work if he persists with his demands for his day's work?

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Yes you do have that right. However, do you know where he lives and does he have any assets?

 

Might be best to put it behind you but in the event that he tries to sue you for the money, defend and put in a counterclaim for the expense and delay that you have suffered.

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Thank you. I'd rather put it behind me now but he's becoming increasingly aggressive about getting his £300. He seems genuinely unconcerned about the stress and inconvenience he has caused me and doesnt believe he owes me anything in lieu of that. I did threaten to sue and wanted to be sure where I stood. I think he just expects a cash payment. I'll wait to see if he sends me a proper invoice. If he does, I'll send him one and take it from there. I do have his address. I think he is quite successful - he might even have properties he rents out as he was trying to convince me to rent my flat out. He seemed very knowledgeable about renting and rental income. He's probably a good person to sue as he does have money! The reason he ditched my work was because more lucrative work came along.

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What does your contract with him state?.

Is it "payment on completion"? : where he can't claim for much if he didn't complete the work and he can't claim "substantial completion of works"

Is it "payment for stages" or "cost per day" where he can claim for any day or stage completed?

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Thank you Bazza. The exact wording is "We will require payment in instalments as work progresses". This is on an estimate rather than a quotation if that makes any difference. The overall estimated price was £3,500.

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Thank you Bazza. The exact wording is "We will require payment in instalments as work progresses". This is on an estimate rather than a quotation if that makes any difference. The overall estimated price was £3,500.

 

I doubt it will go to court : how is a court to interpret such a vague term?.

He'll claim that a days work is one installment as work progressed, and claim for that days work.

You'll claim that that is hardly a viable installment, and you will claim to be put in the position you would have been in if the contract had been completed by him : so, if the total cost (including repair and any allowable damages) is more than £3500 even after you have mitigated your losses by getting multiple quotes, you'll want the difference between what what you end up being out of pocket and £3500, so in the end "it only costs you £3500".

If it did go to court, then the court would have to look at the behaviour of each party, and decide which is the correct approach.

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Thanks Bazza. I also doubt it will go to court but I need to be able to hold that threat over him so that he backs down. In the meantime if he sends me a bill, can I send him one back claiming for say

£5 per day precooked meals for 10 weeks £350;

laundry once a week at £8 for 10 weeks £80;

for 2 1/2 hrs pay that I didnt earn because I had to be at home to receive delivery of the kitchen units, as he wasnt on site (I'm paid hourly as I'm a temp); and

the items he lost and damaged £75;

and anything else that would be reasonable that you can think of?

Is there a value to being unable to enjoy my kitchen (the old one or the new one) and to live with a bare bricked room for 10 weeks?

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