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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
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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.
      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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Please Help: Currys and Apple Store


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I think what you are basically saying is that your Macbook has had faults since you bought it, which have not been resolved under warranty by Apple. Currys don't appear to have been involved in dealing with the faults and therefore i am not sure what actions you could expect from Currys. They will probably tell you to start a formal complaint with Apple UK head office in writing detailing what has happened. Apple will want to send the Macbook away again for a thorough test. If the Macbook came back again with the same faults, you would have to obtain an independent inspection of the Macbook and see what it says.

 

You could speak to the Citizens Advice consumer helpline, who have received training from Trading Standards in consumer law. They might be able to find out whether you can now involve Currys or have to deal with Apple under the warranty. Normally the retailer is responsible under Sale of Goods act for defects that existed when a product was sold. But you have not been dealing with Currys so far.

 

Consumer helpline link

 

https://www.citizensadvice.org.uk/consumer/get-more-help/if-you-need-more-help-about-a-consumer-issue/

 

Please post back to confirm what you are advised. They might suggest a two prong approach. I.e contact both Currys and Apple to register formal complaints and see what they want to do.

We could do with some help from you.

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I was just wondering whether work done under warranty with the manufacturers caused any issues with a claim against Currys under SOGA. I would expect that Currys would say that Apple have inspected the Macbook and had not found any inherent defects, apart from a screen issue, leading to a replacement. Either the OP or Currys/Apple would need to get a technician to inspect it again, providing a report.

We could do with some help from you.

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In an earlier post i included a link to the Citizens Advice helpline. They have been trained by Trading Standards and they will tell you what rights you have, so you can contact Currys with more authority.

 

I suspect that the reality of the situation is that you are going to have to prove that there were manufacturing faults and that Currys under SOGA have to fully repair or provide a replacement. This might prove tricky, given that Apple have looked at the Macbook under the warranty. Apple are unlikely to provide the data from their tests to you and even if they did it might not reveal much.

 

Think you will have to register formal complaints to Currys and Apple head offices. Currys have responsibilities under SOGA and Apple under the extended warranty. It is just which is the best way to achieve the result you want.

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We could do with some help from you.

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If the OP searches online, it appears that the Macbook pro they have, does have the issues they describe.

 

http://machmachines.com/macbook-pro-retina-overheating-fix-now/

 

Apple must be aware of this and i question what they are doing to help customers.

 

Bankfodders suggested strong approach may or may not work against Currys, but if the OP has been dealing with Apple under the extended warranty, i would question how any Judge would view any claim. This is why i have suggested getting advice from Citizens Advice Consumer helpline. The OP mentions getting an email admitting the overheating, but after that Apple tested the Macbook and did not replace any fans or other parts. I suspect Apple are aware of these issues and are just hoping customers live with problems, without having to start replacing parts on any scale.

 

There is plenty of information about this Macbook problem online and on Youtube. You can download software to help with the problem and to monitor the temperatures. Some also advise getting an external USB fan ?

 

I note some in the US have managed to get replacements from stores, after recording temperatures and logging what applications they are using. Perhaps you need to start making a full record of what you are experiencing.

We could do with some help from you.

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My bet is that Currys will want to send the Macbook away for inspection. The people who inspect them will be aware of the overheating problems and if they cannot find a faulty part, it will come back as there not being a problem.

 

In the letter you clearly need to state that Currys told you to contact Apple and that Apple have had plenty of chance to deal with the issues. Also advise that the Citizens Advice Consumer helpline have advised you of your rights and that it was up to Currys to provide a remedy, which must now be a replacement, refund or exchange.

 

Once Currys respond, come back for further advice. You might be faced with having to go down the route as Bankfodder suggested, which is to threaten and follow up with a small court claim. It would not be quick, but gives you a chance of getting a refund. My only slight concern is that Currys might say that they have not had chance for their own inspection.

 

I have read of people with the same Macbook having to drill holes in the case to help with the overheating. It sounds like some of the parts fitted are not up to standard and the way it is built is not what you should expect for £2k.

We could do with some help from you.

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You should stick to what is relevant regarding this particular Macbook and not get side tracked.

 

E.g you did approach Currys first, anything relevant to Currys about reporting issues with this Macbook. A full account of what Apple did regarding the Macbook, what current problems you are experiencing with the Macbook, that these problems have been present for x amount of time, your rights under SOGA as advised by Citizens Advice and be clear what you are expecting from Currys i.e refund, replacement or exchange.

 

I stick with my prediction that Currys will want to have the Macbook inspected and won't agree to anything unless they have this opportunity. I am not sure whether you would be successful in court, unless Currys were given opportunity to have the Macbook inspected to check for the issues you advise them. Currys will be fully aware of there being problems with these Macbooks and i just can't see them readily accepting having to refund or replace.

We could do with some help from you.

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Apple the same as any large company will avoid admitting to problems with their products. I suspect fitting new fans of the same type would not cure the overheating. Therefore they did not do it.

 

The SOGA is there to uphold your consumer rights that you should expect the product as it was sold to you. If it is not working properly and has had these problems since you bought it, which Apple have not fixed, then you should expect a refund or replacement.

 

My anxiety in these situations is that the retailer will want to send it off to inspection and the companies they use will conveniently find no problems with the product. You then get it sent back to you, with a report saying it is working properly. This then makes it very difficult to pursue, without you getting a helpful alternative report. Which is why you might want to try to resist an inspection by Currys, unless it is truly an independent inspection.

 

I have read of plenty of peope having problems with these Macbook retina models and nothing to say Apple or retailers are doing anything to help.

We could do with some help from you.

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