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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
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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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Faulty Caravan SOGA?


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My elderly relatives have purchased a static caravan near the coast for retirement but have had some issues and I was hoping someone here with a sharper brain than mine could help as they are old and very distressed after spending a huge chunk of life savings.

 

The caravan is only 18 months old but already starting to rust away. They were hoping that it would last at least 15 years which is what was promised when sold.

 

The site have written to them stating that the caravan is indeed faulty but as they had no knowledge of this at the time of sale they feel that the caravan was sold in good faith “as fit for purpose.”

 

The site have proposed a repair in good faith as the caravan is outside the 12 month guarantee. Several other have been repaired nearby in the last 18 months and all have been subject to several problems and repeat repairs as it seems that once they are taken apart they are never the same.

 

My understanding is that after 12 months the onus is on the consumer to prove that the fault was present at the time of purchase. And they have admitted this in writing.

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That puts you firmly into the protection of the Sale of Goods act. You are correct about the burden of proof, but corrosion isn't the same as a mechanical breakdown so much easier to prove the van was not of satisfactory quality at the time of purchase.

 

Photograph every little part of their van so you have a record. Talk to all the others who are affected and get what you can on paper preferably with a dated signature.

 

I fear you may have to call in the services of an expert to report on the lack of weather protection and the corrosion. You will need a written report from him.

 

As caravans are usually made of aluminium, are you meaning the chassis or the bodywork ?

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Thank you for your advice Coniff, much appreciated.

 

The problem is with the bodywork, the covering or finish is 'artex' as opposed to smooth and the distributor will no longer supply such a finish to the seafront. The actual site have cancelled several orders from the manufacturer (Abi) and now only buying alternative makes due to several problems.

 

Ultimately, I think they will have no choice but to accept a repair, despite their worries that it wont be the same post repair and their worries about it lasting, its a shame as it is a hell of a lot of money, more that I paid for my first flat! I think they were hoping it would outlast them, bless :)

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