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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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Volvo: Problem with Dealer and Volvo UK - can anyone help!?


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Irrespective of failure mode you have a full service history on your side with the same official dealer.

 

Your letter should point this out as it's very important as it shows loyalty to the franchise. The key here is how much you have been deprived of the expected life given that it has a full franchised service history.

 

Volvo engines will be rated to 150K miles or 10 years whichever occurs first. This is what they are tested to and are expected to achieve.

Therefore you have been deprived of 73% of it's life/use. This is the most you could expect them to pay. However, the dealer during the time you have owned it has also profited so you should expect them to contribute as well.

 

Therefore, if I was Mr Volvo and it landed on my desk I'd apportion a contribution from Volvo of 73%, the dealer 5% leaving you with 22%.

 

Many years ago (and would be useful to mention) Volvo offered a thing called Lifetime Care with all new cars which was sold to the customer as if anything went wrong in the lifetime of the car they would replace it. What they failed to point out adequately was that they would only contribute to the repairs based on the use the car had.

The rationale was that the longer the car was in service the less likely a failure was due to a manufacturing defect. Whilst this is true from a statistical point of view many people couldn't get to grips with the principal and it was soon dropped especially as the guidelines were that you had the car serviced within something like 200 miles either side of the service interval and if you didn't comply then the cover was cancelled. European warranty legislation probably put a stop to it as well.

 

Not necessarily relevant in this instance but useful information to put to Volvo anyway.

 

You won't get 100% unless the MD is feeling kind that day unlike has been suggested that you should go for 100%......that just won't happen as you have had use of the car.

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It's a start. The 10% from the dealer is a very good result but I think you'll find deep down that it's actually Volvo paying the additional dressed up to make it look like all are trying to help which they are. Essentially the dealer won't profit from the part sales they charge back to Volvo UK.

 

Personally I would go back in arguing for a bit more or asking for a discount on the labour and pointing out that you believe you are being reasonable and whilst they have made a goodwill offer it's not exactly the goodwill expected from Volvo.

 

There are a few things to watch though. The engine may not come with ancillaries such as alternator A/C compressor and perhaps even the turbocharger (if fitted as you have not stated which engine). These will be transferred over. There will also be a consumable charge for fluids (engine, gearbox and PAS oils plus A/freeze which is a sizeable amount) at retail. The mark up is horrendous so use this as a tool as well. Bare in mind also that Volvo's labour contribution is at a considerably lower rate than that for which you will be charged so ensure that your expected contribution reflects this rate as well. Do not pay for diagnosis time per say as this should be included in the whole job.

 

They might not accept the 150K/10 year rating bit either arguing that 150K gives them an engineering safety factor of 33.3% so they are basing their calculations on 100,000 miles which is what their supplier base is required to warrant to. On this basis without knowing the root cause of the failure it would be hard to argue against and as such you've had the best result you could expect.

 

Whatever you do, do not go threatening sale of goods act 1979 as they will all go into lock down and it could take months to resolve. Be reasonable and friendly and of course talk to the sales people as well. You are a prime target for a new car at the moment and they will have some serious targets to hit as it's September and you'd be surprised what they can pull out of the woodwork ;-)

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Exactly Seq. When one starts to quote chapter and verse about an act which is open to inconsiderable interpretation then often with large organisations they go into lock down.

 

The OP should carry on as suggested and only use the law when at a dead end and as I and you have pointed out there is traction with the complaint.

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And this is exactly why I and many other professionals in the industry get peed'ed off with your posts when you obviously know little or nothing about the industry, the product or the way things work. It's easy to spout off here is some advice and post a link to the shetlands trading standards office.

 

So I'll try and make it easy for you.

 

During the development stages of a vehicle the constituent parts are usually tested through many scenarios which include abuse, third world markets etc etc. Abuse does not always mean really hard use but can and does include low mileage useage. So based on known data for all scenarios along with legislative requirements components and the whole vehicle is tested to such. This is the rating. The parts are rated to a set figure under a set of scenarios. However some subcomponents might not be able to achieve this so overall you look at the system.

 

It could be a washing machine, fridge or even a bicycle. A target figure is set and tested to such.

 

Now once they have achieved this rating as a system a safety gap is built in. So for example an aircraft usually has two additional back up systems and to a certain extent this carries over to cars for example with split line systems on the brakes. Both systems will be rated but obviously there is a chance of failure as with anything. A bit like the lottery

 

What is known though is that as a system there will be a point when all components come together they can guarantee to a very high degree of certainty that they will all last 100,000 miles. This is usually around 99.8% per million opportunities I seem to remember based on a sigma value of 5.5 which is the international standard.

 

So in a nut shell it's all about risk assessment.

 

The manufacturer in this case could employ a contribution figure based on rated life or would more usually employ the 100K value as a bench mark as there would be a significant rise in risk between 100k and 150k miles.

 

I can see what you are saying. If it was me I'd be going for the 150K value as I know how to argue it and challenge anything else but for those who do not understand the issue and the engineering and statistics to justify it it would not be unreasonable to go with the 100k costs.

 

This is why people need to be careful of quoting chapter and verse vis a vie "just sue them" as is frequently irresponsibly advocated by some site team members. As I frequently point out, it's very easy to defend in cases such as described and they will defend.

 

I suppose one of the positive outcomes of recent months is that the oft quoted" SOGA is your friend" comment seems to have disappeared as it is not

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