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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.  

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      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.

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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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Brother bought electric wheel chair used, still in 12 months - retailer wont honor warranty

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Hi all,


My brother has bought a used fold away wheelchair made by Careco,

from a lady who bought it in Feb this year for her mother

but she has since been put in a nursing home

and could not use the chair anyway as she could not control it.


My brother has emailed the company to enquire about transfer of the 12 month warranty and has been told that this is not transferable so he is not covered unless he bought it new from them.


There was an additional insurance purchased by the buyer for 2 years at the cost of £209.

He has enquired about transfer of this but been told to contact the insurance company direct.


I didnt think they were allowed to do this as its a statutory warranty ?


The email is below .....

From: K

Date: 30 October 2016 at 10:26:16 GMT

To: T

Subject: RE: CareCoContact Enquiry

Dear Sirs,


Thank you for your email,


Unfortunately the warranty is with the person it is sold too on the item itself.


When it is sold on or someone else receives the goods it voids the warranty.


We are not able to transfer this from person to person.


If you have any further questions in the near future, please do not hesitate to contact us


We look forward to hearing from you


Kind regards



Mobility Advisor


From: T

Sent: 30 October 2016 09:52

To: K

Subject: Re: CareCoContact Enquiry


Hi K


I can understand the insurance side of it but as for the warranty surly it's on the item that was sold and not the person it was sold to ?


Kind regards




Sent from my iPhone


On 30 Oct 2016, at 09:27, K


Dear Sirs,


Thank you for your email,


Unfortunately the warranty is not transferable from person to person. We are unable to do this on the foldawheel Powerchair.


In regards to the insurance details you would need to contact the insurance company ***** ****** direct to see if you can swap the insurance over to your details.


If you have any further questions in the near future, please do not hesitate to contact us


We look forward to hearing from you


Kind regards



Mobility Advisor



Sent: 29 October 2016 21:34

To: Sales@careco.co.uk

Subject: CareCoContact Enquiry


Title: Mr

Name: t


Telephone Number: foldawheel warranty transfer

Message: hi i have just purchased a foldable electric chair from a ************* customer number is ******

please could you change the remainder of the free 12 month warranty over to myself

mr t




there was also a 2 year extended insurance taken out policy number p******* i would be very grateful if this could be transfered over to myself

any problems please let me know

i can be contacted on *********or by email

kind regards

mr t

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Bankfodder would know more about consumer rights.


Based on my limited understanding, i thought that the retailer was only involved with the person who bought the item, as the sale contact is between them. The retailer would not be responsible to a third party that purchased it second hand.


If the warranty is still live, the new owner should have rights against the manufacturer or UK wholesale agent. Suggest contact is made with the company shown on the warranty concerning any issues with the wheelchair. The Insurance might not be transferable or cover any issues that the manufacturer is liable for.

We could do with some help from you.



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Anyone offer more input ?


Brothers spoken to a manager today and been told the same.


I am sure a company can't void your rights Just because your not the original purchaser ? Okay it's technically used but is as new if that makes sense.

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Only the person who bought the item can make a claim under the manufacturers warranty, unless your warranty or guarantee uses the phrase ‘third party rights’. It’s important you look out these words if you bought it second hand or were given it as a gift.


In general terms a second-hand purchase is protected in the same way as that of a new product, provided you buy from a retailer. If you buy from a private individual however, the regulations are different - the transaction is classed as a private sale, and the goods you buy must only be correctly described, and be the legal property of the seller.


The manufacturer has no contract with you (or with the first owner if there was no warranty registration, so there's no liability in law there - the manufacturer's warranty is in addition to your legal rights, so you'll be in uncharted waters; you may be lucky and find that the maker will help out, but I wouldn't bank on it.


If you buy a secondhand item from an established retailer you will be protected under The CRA 2015 in its entirety. This means that the goods must be of satisfactory qualify (as assessed by a reasonable person, bearing in mind the items are second-hand), as described by the seller and fit for purpose.

Obviously the item's quality is going to be a matter of judgement, which is why the law uses the 'as assessed by a reasonable person' qualification. That said, the retailer is bound by the terms of the Act, and if the sale was made online the consumer is protected by the Distance selling regulations as well.





We could do with some help from you.



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So in short the retailer can say no warranty even tho item was not used by original buyer :( seems very weighted for the retailer there


Guess brother will have to speak to the seller and hope that should any thing go wrong they will deal with (not)careco on his behalf.


It's daft as the insurance company have transferred the policy over with no problems and even offered extended warranty once the standard 12 months runs out.

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your contract is with the person who sold it to you. As they arent a retailer and have no professional expertise you are basically buying it as seen. The only rights you will have are if it develops a problem that is a manufacturing defect and can be said to be forseeable. Generally this means that other chairs of the same type have developed the same fault.

On the plus side he got a cheaper chair as it comes without warranty. I hope that the price reflected all of this.

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