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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.

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      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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The Community Network - Mis-sold product by dodgy sales rep


mojo3939

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Hi there

 

I am yet another person with problems with The Community Network TV.

 

I had an appointment with a Sales Rep of the company who sold me a package which, it turns out, was mostly a complete fabrication. Here is what was offered:

 

Two 42" screens in a GP practice, which were to be used to flash the name of the next patient to call them into their appointment.

Full screen display of adverts, which would freeze when a patient's name popped up.

I signed a contract on the basis of those promises, however, I became a bit suspicious about the company, when they did not get a reply from the sales rep for a week about an admin error on my paperwork. I popped along to the GP's practice to find that there were not two screens but one, which is 32" not 42", but to make matters worse, the screen was not being used to call patients into their appointment but to advertise the medical services the surgery offered. The receptionist confirmed that the screens will never be used for the purpose stated by the Sales Rep. The screen itself is in a dim corner of the waiting area with no one looking at it.

 

I wrote to the Sales Manager with a full description of what their Sales Rep had offered and asked for a full refund of the 6 months paid on my credit card and the first month's direct debit, as the product had been mis-sold. My advertisement has not gone live. The Sales Manager basically stated that it's my word against the Sale Rep and that the contract I signed did not state exactly what service I would be getting!! I am staggered by their refusal to refund the money when they have not provided a service (he stated that they had done some work, as they had created the graphics, but I pointed out that I had created the advert, all his department did was make the image move on my request). My case has now been referred to the Sales Director, who has not got back to me.

 

I have looked online and found that the Office of Fair Trading no longer exists and that I have to go the Citizens Advice Bureau. Does anyone have any tips from their dealings with this extremely dodgy operation?

 

Cheers

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Hi and welcome to CAG

 

As this is NOT a consumer related issue, your rights have been seriously diminished. Business to Business contracts are very hard to get out of. Unless the terms on which you agreed to the deal are in writing then it seems you are likely to be stuck with them.

 

You would have to read the terms and conditions fully to understand what you have signed up for as it seems (by what I have read on the web) that what they say is not what they do.

 

You may need to get a solicitor who has the relevent experience in B2B contracts to read the contract and see if there is a get out.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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