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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.

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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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Customer is threatening small claims

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Hi all,

I hope I'm posting in the correct forum, if not then please move it to the correct forum :)


My partner is a professional carpenter.

Last week he did a small job for someone who wanted some decking repaired. Customer stipulated that he didn't want the whole thing replacing, which is what my partner recommended, due to rot. So my partner said he could take some of it off and replace the broken boards.


The customer was satisfied with the repair job and so was his wife, and paid my partner in full, by cheque.


The cheque cleared, but a few days later the customer text my partner saying he wasn't happy with the quality of the work and could he come back and have a look at it.


As my partner now works full time for the ambulance service to make ends meet, and the carpentry work is now only part time, he has been unable to go back and inspect the work, but sent an e-mail detailing that he was satisfied that he had done a good job and that had the customer not been happy then why didn't he say so at the time? He claims that the repairs are unsafe and the workmanship is poor. The photos he has sent don't look good to be honest but he has taken the photos in such a way that you can't fully see the whole thing in true context.


The customer has now sent a very long e-mail detailing problems and saying that if he doesn't received a full refund by 12th July then he will take him to small claims court, and that any further contact from my partner by email, phone or post will incur a £10 charge!


My partner had very little to work with and did the best he could considering the customer didn't want the entire decking replaced, and simply repaired. The customer was happy with the work when asked to inspect it.


My question is, can the customer really take him to small claims court over this? What grounds does he have to do this?

Edited by thedryad
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It depends from the quality of the repair.

I would go back and take my own pictures and videos of the job.

Most likely the customer expected the replaced boards to match the existing, but that's impossible and a common point of argument.

They probably now decided to change the decking completely and want to recover some money.

Don't worry about the threat of the £10 charge for every communication, that's nonsense

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Thank you. Oh I know that the £10 charge thing is just the customer trying to be intimidating. I used to do it in my letters to DCA's!

I think to be honest the quality of the repair work is fine, but doesn't meet the customer's expectations and the customer obviously doesn't understand carpentry and the practicalities of carrying out such a job. I just want to know really if it would even get to court and if so does he have any grounds legally.

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I think that the judge would be less than pleased if your partner didn't go back and have a look. I think that when you do a job like that, I think that it includes an implied term that you will deal with a snagging list. I think that this is quite normal in building and decorating work.


I think that he should go back as quickly as possible – very important to show willing and cooperation. Have a proper discussion with the customer and agree a written list of the problems. If it is just a colour mismatched then you won't have too much to worry about – but the important thing is to agree a list. Once you have that, you can then understand exactly what the problem is, what the value of any repairs are.


When I say agree a list – that doesn't mean that your partner has to agree with the customer's requirements for repair. I'm simply saying that you want to get a written list – with photographs of all the customers complaints. Then you can come back here and tell us about it and we can give you some advice.


If you don't go and see the customer then I think that you are not carrying out your side of the bargain and I don't think that the judge will be pleased.


As the charging you £10 per contact, this shows that the customer is a jobsworth and your partner shouldn't have gotten involved with him in the first place. If your partner ever does any work for anybody else, then he needs to factor in time to put together a snagging list.

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All work should be signed off by the customer with a 'Satisfaction' note.

Your partner shouldn't leave any completed work without this customer satisfaction note duly signed.


Make sure he has some on his next job.

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All work should be signed off by the customer with a 'Satisfaction' note.

Your partner shouldn't leave any completed work without this customer satisfaction note duly signed.


Make sure he has some on his next job.


Would payment not suffice as such a thing?

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Not necessarily, but if you get a satisfaction note signed before payment is made,

they will have a difficult time if they try to hold back payment, it will have their

signature on to say they are satisfied with the quality and workmanship.


Hard to say that in one breath and then try to complain in another.

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  • 1 month later...

Look up the Consumer Rights Act 2015.



If the customer does take legal action, this will be the route they take, so make sure you are familiar with it.



The first stage should be for the carpenter to go back and re-perform the work.

If he does not think it is necessary to re-do any work,

then he should take photos etc as evidence that all is satisfactory.


Does the carpenter belong to any trade association with a mediation or arbitration service,

as this could be offered to the customer.



It is much easier than court for all parties.

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