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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 
      • 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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marks and spencer credit voucher loss


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Hi,

I took back some items after Christmas with gift receipts, and was given a credit voucher in early Jan. I then spent some of the credit voucher that day and received another credit voucher in change.

 

I wasn't feeling well that day, and probably shouldn't have been shopping, but I did, and obviously wasn't thinking straight because, it later transpired that I had the receipts from the two transactions but no credit voucher.

 

I went yesterday in store and fully expected them to be able to track and trace the credit voucher via the receipt and replace it. At the time I was unsure as to whether I had even been given the voucher. Customer services asked the securityto look at the security footage and they have told me that they saw me place the credit voucher into a carrier bag I was carrying, but when I asked them to identify the carrier bag so I can check at home, they were unable to give me any information other than it was a dark carrier bag, possibly a marks and spencer one (when I then asked how they knew it was a credit voucher that went into the bag if they cannot see that level of detail they said "we just know what they look like").

 

I was told that a replacement is not possible - that in their terms and conditions it states that credit vouchers should be treated as cash, and that they are unable to trace the credit voucher from the transaction.

 

However, in my opinion they are not the same as cash for two major reasons: number one, if they had refunded me cash, and I had lost it, there would be no way to trace it. number 2, if it were cash I had lost, they would not be benefitting from my loss.

 

If this were a small amount of money, I would probably just let it go as lesson learned. However it was £90, and that is a lot of money to me (I know I should have been more careful, I realise that).

 

Obviously my number one concern is getting a replacement voucher, but also I would have thought that they would wish to prevent any person who may have found the credit voucher from using it (if they haven't already) I certainly would like to prevent that. My understanding is that for somebody to use the voucher it would be theft, and so presumably they would wish to find out if/when that transaction occurred?

 

I cannot believe that a huge company such as this, who use a barcoding system to track transactions are completely unable to link the credit voucher to the transactions. I would have thought in terms of an audit trail that would have been a basic requirement just from a HMRC point of view.

 

So I suppose my question is, do I have any avenues here, or do I need to suck it up and not waste my time?

 

Thanks

Edited by lelole
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I don't think you have any right here on afraid. You could simply try writing a polite letter to their customer service department and asked them whether it might be possible to block the lost voucher if it has some digital reference number and then to issue another one.

 

The answer is probably going to be no and if it is then I don't think that there is anything you can do.

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Hi Bankfodder,

 

Thanks for your reply. Unfortunately that was the avenue I was trying to get them to go down, but they claim there is no way of linking the credit voucher to the receipt. I am really disappointed in them - this is, as far as I can see, a cynical ploy to increase profit, there is no reason why on presentation of the receipt that the credit voucher could not be tracked.

 

A last try via social media and then give up!

 

Leah :-)

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The issue with that is that you could be anyone with a receipt you found on the street, or just got given by a friend. Just because you have that receipt there's no way to prove that you're the owner of that credit voucher, so they could end up invalidating it for the legitimate owner and then issuing someone else a voucher they're not entitled to.

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If you lost a fiver in the street would you expect the shop you intended to spend it at either give you goods to that value or refuse to accept five pound notes from other customers? Unlikely. Your expectations are far beyond what is feasable, especially as it is you who is at fault for not looking after it properly. The compamy has done a lot more than it needs to so saying that it is a cynicl ploy to profiteer is disingenuous.

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Personally I would be surprised if credit vouchers are linked to receipts. Vouchers are designed to be transferable to other people so that they can be used as gifts.

 

Also, receipts don't usually have a name on them. Sometimes you get a card receipt if you paid by card but that is usually kept/processed separately from the transaction receipt - the transaction receipt will go through the store's own system whereas the card payment will go through a third party payment processing system.

 

It is certainly worth writing a polite letter to see if you can get a goodwill gesture but I'm not sure you will get anything more than that.

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