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By Butterbean23 · Posted
Thank you. Can you explain what part needs to be amended. I’m sorry, I don’t understand which part is referring to right to reject. Should I be including they are in breach of contract because the vehicle is not satisfactory quality. Clearly because of the way the windscreen was fitted it was not satisfactory quality when it was purchased and it has not remained in satisfactory condition for a reasonable period of time – witness the leakage and the corrosion in the car. instead of Therefore, I expect Doves to take responsibility for the costs incurred, as per the Consumer Rights Act 2015 “should a fault appear outside of 6 months, it's for the consumer to prove the fault was present at time of sale” -
By honeybee13 · Posted
I agree with you, UB. More parties might not be such a bad thing. More on Farage's manifesto - sorry, contract. -
By BankFodder · Posted
Sorry but first of all you are still referring to your six-month right to reject – but you didn't assert your right within six months so this is not relevant. The situation is that you cannot reject the vehicle unless it is a write off or you have been deprived of the use of it for a significant period of time so that it can be said that you have been deprived of substantially the whole benefit of the contract. By my understanding that is not the case here. Your complaint must be that they are in breach of contract because the vehicle is not satisfactory quality. Clearly because of the way the windscreen was fitted it was not satisfactory quality when it was purchased and it has not remained in satisfactory condition for a reasonable period of time – witness the leakage and the corrosion in the car. On this basis you are holding them responsible for the cost of repairs which are £XXX and any ancillary costs reasonably incurred as a result of their breach of contract. You are currently without the car and this is not a situation which can continue. You are enclosing the evidence plus quotations for repair and you want that by the end of the week you want them to agree to the repairs. Broadly that. Please post a draft as soon as possible. You don't want to hang around on this -
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Hello folks Got a letter from overdales the day after I submitted my defence this contains a copy of credit card agreement and a letter stating the account has been sold to lowell. H
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Our picks
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If you are buying a used car – you need to read this survival guide.
BankFodder posted a topic in Vehicle retailers and manufacturers,
If you are buying a used car – you need to read this survival guide.-
- 1 reply
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
ATJ posted a topic in Vehicle retailers and manufacturers,
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
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A2Dominion - Housing Association property flooding - damning ombudsman report
WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,
Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299-
- 161 replies
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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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Welcome secured loans/charge - sold to Alpha/Prime -repo received - ***Claim Dismissed***
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