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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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My wife purchased an Apple iPhone 6+ in September 2014.

 

Fast forward to March 2015, my wife dropped her iPhone from the bed side cabinet and as a result the screen smashed and slightly scuffed the top corner. Not wanting to invalidate the warranty she took the phone back to Apple who replaced the screen as a fixed price repair.

 

When the phone was collected from repair the phone was not bent or malformed, however 2 months on the phone has begun to bend where the volume buttons are situated.

 

Now there have been reports of iPhone 6+ devices bending when placed in pockets, however my wife only places her phone in her handbag or purse.

 

Can someone please advise if this is something worth taking up with Apple under the sale of goods act as I deem the handset to not be durable. My concern is as time passes who knows what affect the bending will have on the internal electronics or battery.

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I would take it up with Apple, it could have happened in somewhere like a handbag or purse. Best bet is to try and get to a store and see one of the staff there.

 

I believe the cause of the issue was something along the lines of the aluminium body not having enough strength, the 6+ was especially bad for it due to the bigger size I believe.

 

I would be ready for a fight though. Last I heard was that Apple company policy was not to exchange/refund bent iPhones, so you may have to take them to court under the SOGA.

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I would take it up with Apple, it could have happened in somewhere like a handbag or purse. Best bet is to try and get to a store and see one of the staff there.

 

I believe the cause of the issue was something along the lines of the aluminium body not having enough strength, the 6+ was especially bad for it due to the bigger size I believe.

 

I would be ready for a fight though. Last I heard was that Apple company policy was not to exchange/refund bent iPhones, so you may have to take them to court under the SOGA.

 

We have a Genius Bar appointment booked for tomorrow, however we have also emailed Mark Rogers at Apple and made a complaint through him. A customer relations agent phoned my wife yesterday and she explained what had happened, she emailed some pictures across to him with the phone sitting on a spirit level with my phone also sitting on the same spirit level and pictures are shocking.

 

At the point of where the phone begins to bend it is measured at 2.5 degrees which may not seem a lot but it certainly looks quite bad and easily noticeable. My wife said she is almost certainly up for a fight as there is no way this is her doing and she is a massive Apple fanboi, she has used Apple products for over 15 years whe things weren't so great for them, and to this present day owns an iPad, iMac, iPhone and iWatch.

 

She said they either sort it or her loyalty is gone. But said she won't rule out issuing a court claim. Would it be worth taking a letter before action to the shop tomorrow as so they have been duly served and sending a copy to head office.

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  • 2 weeks later...

Just an update at where my wife is at, after attending the Apple Store in the Bull Ring Birmingham last Friday her phone was inspected and she was asked to be patient for a few days while the matter could be discussed with the store manager and the instore technicians.

 

Because a bank holiday followed on from the Friday before last she did not get a reply from the store until yesterday. The stores response was that considerable force would be required to bend an iPhone 6+ and as such they would not be repairing the phone under warranty.

 

Today she has taken the phone to be visually inspected at two mobile phone shops. Their view from both mobile phone shops is the bending has taken place over a period of time, they explained when an iPhone is bent purposely or in a single act such as accidental damage the metal at the fulcrum point of the bend shows signs of malformation such as a split, bulging or a crease in the metal. However my wife's iPhone suggests as none of those indicators are present in my wife's phone the bending took place over much longer period of time. Both shops said just below the volume down button on the inside of the case there is a hole that acts as a receptacle for a screw which holds the volume buttons in place, and it is at this point where the casing is at its weakest and most likely to bend. The one shop of the two said they have seen bending similar to my wife's phone on two prior occasions at exactly the same place just below the volume down button. Both shops said they can provide a report if required but on the basis the phone was only visually inspected, but would quite clearly detail they have seen bending in other iPhone 6+ devices in exactly the same location just below the volume down button.

 

One of the shops directed me to a web page which did their own independent tests on the bending of mobile phones. What the testing did show was the iPhone 6+ bends at around 70 pounds per square inch when pressure is applied to the centre of the phone but not at the point where the volume buttons are located. What is interesting is the iPhone 6+ is less durable than the iPhone 5s, the iPhone 5s bends are 140 pounds per square inch.

 

So my argument is why would a more recent generation of phone be less durable than the previous generation. You would think as each generation is produced it becomes more durable, however in a separate article it is stated the independent testing was flawed as it was not tested at the weakest point as complained about by victims of bent iPhone 6+ devices, the article stated an iPhone 6+ when tested at its weakest point just below the volume buttons can be bent with much less force than 70 pounds per square inch.

 

We have today submitted a letter before action to Apple Retail UK Ltd, basically stating SOGA 1979, she has mentioned the phone is not durable for the everyday use of the item in comparison to the amount paid for a premium product it is expected a £700 phone would stand up to reasonable use and other items of similar design and specification. She quoted the phone is not visually perfect in the sense you would expect from a premium device costing £700. She also quoted concerns about the internal components withstanding the continual stresses of the outer casing, also due to the bending concerns regarding the screen and the likelihood of it cracking. And also the battery being lithium ion and can present itself as a safety hazard due to the bending of the casing

 

I would be grateful if someone could give insight on the next move, is it a final letter before court or does the matter go straight to court after the expiry of the 14 working days following service of the LBA which was sent recorded delivery.

 

Regards

 

Lee.

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  • 2 weeks later...

The reason it bends is basically due to it not having enough structural strength relative to the length. This is the big issue with phones getting thinner and lighter, it comes at the cost of strength.

In the letter you sent, did you advise you would be taking court action if no suitable response was received? If not, then I would send a final letter advising them that if they do not resolve the issue to your satisfaction then you will be taking court action. Also, have you forwarded them a copy of the report from the mobile phone shop? You should forward a copy of that with any final letter as it will further show that you're serious.

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  • 2 weeks later...

We got no response from the first LBA, so we have sent a final LBA along with the engineers report.

 

To be fair the engineers report is quite detailed and is 2 pages in length, with 7 pages of additional photographs of iPhone 6+ handsets which the engineer has worked on. The engineer provided these as my wife's handset could only be visually inspected as its still under warranty.

 

However what the engineer has mentioned in his report is the devices he has investigated due to bending the metal shows stress indicating the metal was deformed quickly, it's either buckled or split, however at the point my wife's phone bends there is no stress to the metal, no buckling or splitting, which the engineer seems to suggest has happened slowly over a period time rather than a single stressful event.

 

The 2nd LBA has been gone 6 days now but that includes any days we've included for service of the LBA and any possible response back, I've said to the wife if we haven't had anything back by the 3rd July then we are going to enter the claim on the 6th July as I think we've been more than reasonable.

 

We've even thought about going to the retail ombudsman as Apple are members, but as my wife brought the handset before the 1st December 2014 we can't use the ombudsman, so we really are trying only to use the courts as a method of last resort.

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