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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Car returned to main dealer 6 times in 4 months......


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Purchased a car from a main dealer who in previous experience we had received good service. However, purchased a car almost £7k, low mileage, service history, 12 months warranty and MOT. Payment was part cash and part finance.

On the original test drive we heard a noise and was told by the salesman that it was the brakes from being parked for awhile and would soon settle down. To be reassured, we took another test drive in it at different time of day on different roads and the noise was quieter, albeit still there.

The dealer agreed to carry out a full service and MOT at no extra charge and we arranged the finance with their colleague.

 

Within a week we were getting an engine maintenance light come on and took the vehicle back to the dealer. We waited with it and within an hour they said they had 'cleared' the fault. We drove half a mile down the road and the same warning appeared on the dash so turned around and returned to the dealer. We booked it in for them to investigate it further and once again they said it was 'fixed' but it returned again a few days later. Eventually, they managed to clear it.

 

The fuel consumption is absolutely ridiculous but we put some of that down to the model and engine size not being sufficient enough to carry the load, as lots of owners reported similar.

 

Last week they had the car again to investigate the original noise which hadn't gone and they said it was rear brake pads and discs but agreed to contribute half towards it having had a hissy fit in front of the service manager, lol. The dealership agreed the noise was still there after they test drove it having done the brakes and it was booked in again for today with a courtesy car available until they get it resolved. They attempted to charge me for the insurance on the courtesy car but I stood my ground.

 

So, my question is this: as there is some finance on the vehicle and we've had so many problems with it, can we approach the finance company as they are jointly liable and if so, what could be a reasonable outcome?

 

Not looking for crystal ball answers, just legally how do we stand please?

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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You haven't said the type of car, petrol/diesel ?

How many mpg are you getting and what is the engine size ?

Does the engine warning light come on when you first switch on the ignition ?

 

 

There is a massive difference in curing the light coming on and curing the fault that is making it come on.

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I think that you would be entitled to reject the car and ask for a refund if it is not repaired in 7 days.

I would write to them, detailing the entire story and tell them that you now consider that the problems and the loss of use have gone on for too long and that if they cannot carry out a proper repair within 7 days that you will reject a car and ask a refund and if necessary you will claim against the finance company as well.

Make it clear to them that if the car is repaired, if the fault re-appears, then that will be a basis for an immediate rejection.

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You haven't said the type of car, petrol/diesel ?

How many mpg are you getting and what is the engine size ?

Does the engine warning light come on when you first switch on the ignition ?

 

 

There is a massive difference in curing the light coming on and curing the fault that is making it come on.

 

It is a Vauxhall Insignia 1.8 petrol :( and the warning light only came on when on an incline from what I can remember but I have nbeen sorting out my records and found my notes with dates and times of phone calls. The code was (03) but that was resolved when they replaced a thermostat they said.

 

The vehicle is back with them yesterday and a courtesy car has been provided. According to the dealer they are removing the gearbox to check the clutch and they advised us last week that the exhaust has blown.

 

To clarify, when the vehicle is picking up the weight (say on an incline) it makes a screaching noise and this happens in forward or reverse gear. I have done what I cal the clutch test in 5th gear and thats all fine.

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Share on other sites

I think that you would be entitled to reject the car and ask for a refund if it is not repaired in 7 days.

I would write to them, detailing the entire story and tell them that you now consider that the problems and the loss of use have gone on for too long and that if they cannot carry out a proper repair within 7 days that you will reject a car and ask a refund and if necessary you will claim against the finance company as well.

Make it clear to them that if the car is repaired, if the fault re-appears, then that will be a basis for an immediate rejection.

 

From a timeline point of view, we have only had the vehicle 3 months 12 days so I am certainly not impressed with this main dealer any more.

 

From reading up on the finance company on here I suspect I will have problems with them also but we'll see.

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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It is a Vauxhall Insignia 1.8 petrol :( and the warning light only came on when on an incline from what I can remember but I have nbeen sorting out my records and found my notes with dates and times of phone calls. The code was (03) but that was resolved when they replaced a thermostat they said.

 

The vehicle is back with them yesterday and a courtesy car has been provided. According to the dealer they are removing the gearbox to check the clutch and they advised us last week that the exhaust has blown.

 

To clarify, when the vehicle is picking up the weight (say on an incline) it makes a screaching noise and this happens in forward or reverse gear. I have done what I cal the clutch test in 5th gear and thats all fine.

 

 

At this moment I'm particularly interested in the engine management light. It should come on when the ignition is switched and extinguish after a time or when the engine is running. Is it doing that ?

I'm asking as it has been know for the bulb to be removed, not that I would expect a main dealer to do such a thing.

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I'm asking as it has been know for the bulb to be removed, not that I would expect a main dealer to do such a thing.

 

Impossible to remove the bulb as they don't have one, though it is possible to mask the light source.

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To be honest I can't remember but I know that some things light up on ignition and extinguish after a time, like the oil can widget.

 

I have spoken with Trading Standards today and they have said that because it is partly under finance that we cannot reject the vehicle but that they (finance co) are fully responsible for it and we are to write to them direct and advise them of the position and tell them how we want this matter settled.

 

The dealer had the vehicle on Monday and hasn't contacted us yet but I took a sneeky peek yesterday and it's up in the air high over a pit. I gave them strict instructions that I was not (under any circumstances) paying for anything that wasn't covered by warranty so they'd better not give us any surprises........

 

So, am I in a win/win situation here if the dealer repairs FOC or under warranty, and we write to the finance co and get partial refund on the money I paid for repairs last week?

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Share on other sites

At this moment I'm particularly interested in the engine management light. It should come on when the ignition is switched and extinguish after a time or when the engine is running. Is it doing that ?

I'm asking as it has been know for the bulb to be removed, not that I would expect a main dealer to do such a thing.

 

Impossible to remove the bulb as they don't have one, though it is possible to mask the light source.

 

 

Or the fibre optic to be disabled.

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UPDATE:

The dealer has called yesterday morning and advised they have replaced the thrust bearing FOC and has asked if we want to replace the clutch/plate at a reduced cost of £80 whilst they have it up in the air. We have declined that.

 

Went to collect the vehicle and the service manager asked to speak with me. He said they had 'found some money' and have fitted a 3 part clutch F.O.C :whoo: It still leaves us with a blowing exhaust which apparently is the bendy bit, which he said would cost us £40 and he will throw in the labour F.O.C. Frankly, I think he couldn't be fairer and I was happy with that result.

 

However, I still intend to write to the finance company under the 'Supply Goods' (Implied Terms) Act 1973 as they are wholly responsible for the repairs to the vehicle, to see if I can get a refund on the cost of my contribution to the brakes and inconvenience suffered and whether they will pay for the exhaust.

 

Any thoughts?

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Share on other sites

You were not wise to refuse a new clutch. It would have been on your shoulders if it later proved worn and that would have been out gearbox at your expense.

As it happened, they did replace, they didn't say if it was with a new one mind.

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I was prepared to take the risk conniff because I couldn't prove that they hadn't put in a dodgy clutch plate anyway but I wasn't prepared to pay any money. They'd already tried the (half & half) contribution on the rear brakes so I took a gamble and it paid off. The service manager said it was a new clutch so I'll have to take his word for it but driving it, it feels like a new one.

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Share on other sites

So are you now happy and can we mark this thread as 'satisfied' ?

 

I'd like to see what response I get from finance company please. Might help others in similar situation.

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Share on other sites

If the finance is Hire Purchase, then it is always between you and the finance company and never you and the seller. The car was bought by the finance company not you, (even if they did not come and examin it), they are responsible for it's condition.

 

 

Approaches to the seller should be made by the finance company.

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I didn't know that at the time but it seems the seller was happy to help us which I am grateful for together with the advice and guidance from my CAG family :)

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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Share on other sites

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