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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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Mobile Return Rights


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I took out a contract via "Mobiles" who are part of carphone warehouse (assumed therefore high street brand and would be just fine).

 

Before taking out the contract I checked out my coverage on O2 at Home and Work. It showed good reception in both areas, great!

 

The mobile got dispatched and a confirmed delivery date emailed to me, so I rang O2 before the order even arrived, and gave them my PAC Code, getting the number transfer setup on the same day as delivery. Perfect.

 

The new handset arrived and my service has been so bad. Today I was in London Victoria with full 4G signal, but the network was so congested Whatsapp would not even connect. At my home address, I only get 1 bar of 4G, often No Service and if I walk around my house on a call it drops out guaranteed.

 

Also at my place of work there is no reception. I use this phone as a work phone and it's important to work there. I had pre checked the signal!

 

I contacted "Mobiles" and as I have used the PAC code, they say I have accepted the handset. They have told me they cannot provide a returns as the PAC has been used and to speak with O2 direct.

 

Even if O2 accepted the return I would lose the £165 downpayment on the handset.

 

What are my rights here? Do I have any or am I stuck with no good service at home and work?

 

I had EE previously which worked fine at all of these locations. I've told Mobiles I will happily take out a contract with EE via them, I don't necessarily want to take my business elsewhere - just want a phone that works and that is not on O2 clearly.

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