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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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Mirror next to shower cracked. Landlord claiming for damage.


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Hi,

 

We've just moved out of a flat and the final inspection flagged up a cracked mirror.

 

The mirror is right next to the shower head over the bath and is hit by hot and cold water repeatedly. A crack formed, unsurprisingly, and we reported it about 8 months ago.

 

Crack now covers the bottom corner of a 2' x 2' mirror and he wants to take it out of our deposit. We're claiming that we didn't wilfully damage it and that it shouldn't have been there in the first place as this would've happened eventually. Also, it could've been repaired when we first reported it.

 

Were do we stand, please?

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Hi,

 

We've just moved out of a flat and the final inspection flagged up a cracked mirror.

 

The mirror is right next to the shower head over the bath and is hit by hot and cold water repeatedly. A crack formed, unsurprisingly, and we reported it about 8 months ago.

 

Crack now covers the bottom corner of a 2' x 2' mirror and he wants to take it out of our deposit. We're claiming that we didn't wilfully damage it and that it shouldn't have been there in the first place as this would've happened eventually. Also, it could've been repaired when we first reported it.

 

Were do we stand, please?

 

Have they specified an amount, and is it a reasonable amount relative to the cost of getting the work done.

 

You can of course object to the landlord. Secondly, assuming your deposit is protected in an approved scheme, you have the right to a free conciliation service to decide if you should pay for the damage and how much you should pay.

 

I think that some would argue that there is no reason why a mirror should crack just because of spashing from hot and cold water. Water from a shower isn't that hot. That said, it sounds like a weird place for a mirror!

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Have they specified an amount, and is it a reasonable amount relative to the cost of getting the work done.

 

You can of course object to the landlord. Secondly, assuming your deposit is protected in an approved scheme, you have the right to a free conciliation service to decide if you should pay for the damage and how much you should pay.

 

I think that some would argue that there is no reason why a mirror should crack just because of spashing from hot and cold water. Water from a shower isn't that hot. That said, it sounds like a weird place for a mirror!

 

Thanks Steve__M, I think we're going to wait and see what kind of figure they come back with. If we're talking less than £100, bearing in mind that they couldn't charge us for the full cost of a new one, then we'd pay as a gesture of goodwill whilst not admitting liability.

 

The mirror is definitely in a weird place, being at about chest height to ceiling height right next to the shower that's over the bath. The shower head sprays part of its jet onto the mirror and the crack has formed at precisely this point. We deduced that that 's what has caused it as we definitely haven't hit it with anything and there's no impact marks anywhere.

 

The Deposit is with a TDS so we do have their conciliation route plus the Landlords, of course, have to return any amount not in dispute so at least we have that.

 

We're of the opinion that it's a slightly dangerous place to have a mirror of that size and that repairs should've been attempted when we first reported it and the crack was a few inches long.

 

I guess we'll see what they come back with.

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a mirror with fixing holes will cost less than £30. How long have you lived theire? Reason I ask is because there will be a certain deduction from its value for wear and tear/depreciation anyway and the LL can offset that cost againt thier tax liability so if you owe anything it should be less than £20. Put all this along with the issue about the shower and its inevitable effect in a letter and see what is said. If they arent perpared to accept that it is just one of those things then the arbitration should be agreed to and you wil be able to show that you havenot only tried to settle this but done your sums in a proper manner so the LL cant go for a bit of "betterment" at your expense.

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Hi ericsbrother, thanks for that.

 

We're keeping the wear and tear and betterment cards close to our chest for the moment to see what the LL comes back with.

 

We were in there for about 18 months and the professional cleaners we hired at the end of the tenancy actually restored the surface of the mirror to a condition better than when we moved in. The original appears to have been fixed in place with glue as there's no visible fixing holes so we're not quite sure how they're intending on replacing it. I've attached a photo from when we moved out so you can see for yourself.

 

If they do decide to pursue the claim then we'll certainly put the tax liability point to them so thanks for making us aware of that, it's much appreciated.

 

Hopefully I'll be able to report back with some positive news soon.

 

Thanks again.

20161229_095305.jpg

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It looks like a stress fracture, probably caused by the glue itself. Put a lot of glue on something like this and when you heat and cool the area you get differential thermal expansion which causes the less solid object to break under tensile failure. screw fixings allow the glass to move that fraction of a millimetre and prevent this

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