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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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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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    • 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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(Another!) Deposit dispute


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Firstly, I do have another unrelated deposit thread from 2014, this relates to a different tenancy held in my name on behalf of daughter!

 

 

Just ended a tenancy where we had resided for four years. We had some issues with mould throughout the property and felt that the LL or agents were doing nothing to resolve the problem. We gave notice, and thoroughly cleaned the property and had all the carpets professionally cleaned.

 

 

Tenancy ended on the 26th March, we met with a LL's representative at the property on that day, who went around the property with my partner and expressed that he was satisfied with the condition and he also discussed the mould in detail, that there had been problems with it previously and that he was going to clean it up and decorate over it. Also the agents representative met us around the same time, did not do an outgoing inventory, took the meter readings and the keys and quickly left.

 

 

Assuming that there was no issues we waited until the 6th April and then requested repayment from the DPS of our deposit. And we waited, we noticed on the 25th that the deposit has had a dispute issued. DPS emailed and advised to contact the LL/agent to liaise with regards to this.

 

 

My partner has emailed the agent, requesting details of the dispute, despite them having all the forwarding address details, email and phone number he also requested as to why no-one has come forward to discuss any issues.

 

 

No signed ingoing inventory done, but a inventory was handed over at the start of tenancy, and of course no outgoing inventory, so we are at a loss as to what the issues are. We have taken photos of the mould, and photos of each room prior to leaving.

 

 

We will now wait 7 days for a response from the agents, and then go down the ADR route?

 

 

I am grateful for any comments or helpful advice.

First letter to halifax sent rec del 26/4

Data Protection Act letter to capital one sent rec del 26/4

Halifax 1st offer dated 5/5

Capital One ack Data Protection Act request rec 6/5

Request for repayment to Capital One 2/8

LBA sent 22/8

Court proceedings issued 13/10

Settled in Full 9/11

Donation made 14/11

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  • 3 weeks later...

So finally have received a letter from the agents with the following proposed deductions from the deposit. Conveniently the letter received today is dated the 29th March 2015.

 

 

First deduction £400 - for fixing of the shower cubicle the state that 'our daughter broke it'. We emailed them in November 2014 due to the waste had come away from the base of shower and it could no longer be used. We said nothing about our daughter breaking it .... We presumed it was bad workmanship, however they never suggested at any point after that email that we would have to pay for repair, but did state that they would get it repaired it never was!

 

 

Second £180 deduction - for wallpaper in some areas which were ripped and damaged beyond repair, and a dent in wall (not sure where this was). There was some scuffing to areas of wallpaper which did indeed need repair - the wallpaper wasnt matching all the way round and could have easily been patched. We had been in the property 4 years with no decoration being done in that time, and it was a 3 bed family home, so would have thought that this is down to fair wear and tear.

 

 

Third deduction £100 - for cleaning of black mould from the bathroom and bedrooms and other areas in the property. They suggest this is down to poor ventilation. The mould issue was brought up by us previously, it damaged some of our furnishing etc. Despite complaining nothing was done about it and that is the main reason we gave notice. The LL rep who went around the property on key handover stated that the mould problem had been there for some time and he had previously cleaned and painted over it.

 

 

Any thoughts gratefully welcome.

First letter to halifax sent rec del 26/4

Data Protection Act letter to capital one sent rec del 26/4

Halifax 1st offer dated 5/5

Capital One ack Data Protection Act request rec 6/5

Request for repayment to Capital One 2/8

LBA sent 22/8

Court proceedings issued 13/10

Settled in Full 9/11

Donation made 14/11

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If you have brought these issues to their attention previously (and have retained proof/emails) and they are issues that could have been addressed at the time, then I am not sure they can make these deductions.. can they ?

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