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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 
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    • 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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It would help if you gave us a few more details of the problems you encountered and why you took it elsewhere ?

 

 

S75 is not as simple as submitting a claim and the money returned, they do contact the other person and get their side of the story.

Also the card provider is more than likely to give you false and / or misinformation in the hope you will believe you don't have a claim or you've run out of time etc.

 

 

What do you have in the way of hardcopy to prove what you asked for and he quoted ?

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If you have proper written bills from the second garage that you can use as proof he did not act in a professional manner, then yes, go ahead with the S75. As I said earlier, expect some grief from the bank as they don't like doing it, but stand firm.

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First, are you ready to make the claim, ie, do you have all your paperwork together and does it show that the first garage made a bodge of it all ?

 

 

Are you claiming back the full amount, and if so, are there any parts on the car that the first garage supplied ?

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  • 2 months later...

Original text edited out as answered by your attachment.

 

The maf and software update were done at the BMW dealer?, were they both done at the same time ?

 

Also, you say "Upon picking the car up, I did a quick test to see if the sensors worked-they were still not working. I paid in full"

 

Why on earth would anyone pay for work not completed or carried out ?

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You will need detailed bills from the original garage of all work disputed. You will also need a detailed bill from the correcting garage.

This will be required as you can't just submit a claim for the return of monies paid unless you can prove that it is genuinely owed to you by poor professionalism and workmanship.

 

Even harder will be proving that you lost money from your trade because the car was in the second garage. Bills for taxi, bus fares, insurance etc mean absolutely nothing unless you can show that they were as a direct result of the first garage.

 

Similarly you will have to show without any doubt, that you lost sales because the car was in the garage, that customers who were coming to you went elsewhere and bought their parts. How can you show that?

 

Also I think that will be practically impossible as your claim includes insurance for a replacement car to use while yours was in the garage, why didn't you use that car, unless the insurance certificate didn't show for business use, then the intention will have been to use it was social domestic and pleasure and couldn't be used to deliver parts without breaking the law.

 

S75 and chargebacks are used to recover monies when a service or goods hasn't been received. No bank will entertain a claim for consequential losses.

 

If you want to take this further, you must get together all the paperwork that shows beyond doubt that you never received goods or services that you paid for.

Edited by Conniff
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If you have all the paperwork together in chronological order so that it is apparent by date and time when things happened, what was said and what did or did not happen plus the amount and why you are claiming that amount, then get your claim in, there is no point in hanging on.

 

https://www.moneyclaim.gov.uk/web/mcol/welcome

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Yes, I saw it and that bit shouldn't even pass through your mind. Attending is secondary "but if it comes to that". You should be keen to go especially if you think you have a good case and will win. Seeing the look on their faces when they lose will be something worth capturing and is the biggest part of the pleasure of winning.

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It means that if you have a lot of people with the same problem with a company/product etc;

instead of you all taking turns to go to court individually,

one person can go representing all of you.

 

Neat Huh!

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Opinion isn't truth. But if they have been removed then no problem.

 

The site gets threats every now and then from companies who don't like what is being said about them as they know this is usually the first site to come up in google when something in it is searched for so he will know that it will be read a lot.

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  • 1 month later...
even if I was lied to about who was doing the work??

 

You are starting to complicated things now. The answer is as Liverpoolluke has said, whoever you sued is the one to chase.

If the business has wrapped up, you will have to find if there is an administrator or liquidator and apply to them.

I very much doubt it as a lot of garages are fly by night and just wrap their hand in at the first sign of trouble and start again

under a new name.

 

What is the name of this Ltd company ??

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if you have successfully sued and be awarded an amount from Mr A's Company LTD then it is only Mr A's Company LTD that has been ordered to pay, you could only ask bailiffs to act upon Mr A's Company LTD I don't think you could further sue Mr A as the matter has already be dealt with

 

You have been given the answer a few times and I've quoted liverpoolluke post to repeat your 'only' course of action.

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You're not getting this. You took a car to a garage for repair but are not happy with that repair so want a refund. The garage refuses so you take the garage to court.

 

On the court papers you issue it says xxx garage ltd. The court agrees with you and orders xxx garage ltd to repay you.

So far xxx garage ltd hasn't obeyed the court and repaid you, so you send in bailiffs to xxx garage ltd the name on the court suite you issued and the name the court ordered to repay you.

 

I can't see your problem.

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You said it had been to court and a judgement given. That says it hasn't been to court and judgement been made.

 

A sole trader means he is the only owner so can keep all the profits himself.

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