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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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    • 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.
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      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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Engine failed 22k, Vauxhaul wont cover under 3yrs warranty- lost invoice


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I bought a car from stoneacre in 2014,

i have 3 year warranty with vauxhall until september this year.

 

 

My engine has failed on the motorway with no warning at all.

We have had the car serviced and the book is stamped.

 

 

However we lost our invoice,

the garage cannot provide an invoice due to not having it on their computer system.

 

 

genuine parts and oil was used.

 

 

Now vauxhall are telling me that the engine wont be repaired under warranty due to not having an invoice

 

 

however the book is stamped.

can anybody advise me on what to do?

thanks!!

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I think your best move is to contact the service garage and to ask them to put together a detailed account of the work that was done in the parts that were used.

 

If they object to this at all then I think that you have to say to them that they might find themselves being involved in the issue on the basis that they haven't kept the proper paperwork.

 

What is the value of the repair? Also, does the breakdown in any way have anything to do with the work which is carried out? If the work which was carried out has seen no relation at all to whatever it was that failed in the engine then I don't see that the invoice is at all relevant.

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can you not prove place/time of purchase by the bank? statement of how you paid for it?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Frankly I'm not to sure that the warranty has got much to do with it. This is another case of a warranty being used to distract a customer's attention from his statutory rights.

 

This matter is probably adequately covered by the sale of goods act.

 

Of course, if the OP would come back to the thread and tell us more and engage with us then we might be able to get somewhere.

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The invoice would not prove that genuine parts were used. It is just an excuse to weedle out of paying for the warranty repair.

 

The ONLY way to prove genuine parts were used is to have Vauxhall check the parts as they are removed from the engine whilst performing the warranty repair.

If genuine parts are found, the warranty is intact.

If non-genuine parts are found, you have a claim against the servicing garage.

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You don't have to prove that manufacturers parts were used at all just that they were of equivalent standard. Provided the car was serviced on time then Vauxhaul should not be able to get out of this.

 

 

There is a proviso however and this is that manufacturers generally warrant the car for 1 year but the following two years is an insurance policy in that the car has to be serviced at a dealer and if this is not the case then they are within their rights to reject the claim. It's an often overlooked issue in the warranty when buying a car.

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As you can't find the invoice, play their game.

Get a mechanical report where they will need to confirm that original parts were used.

It might cost around £100 to test the oil, but the other service parts are easily accessible and can be seen and photographed.

Warranty or not, a car is expected to last longer than 22k, so you are within your rights to get it repaired.

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Frankly I'm not to sure that the warranty has got much to do with it. This is another case of a warranty being used to distract a customer's attention from his statutory rights.

 

This matter is probably adequately covered by the sale of goods act.

 

Of course, if the OP would come back to the thread and tell us more and engage with us then we might be able to get somewhere.

 

Actually Bankfodder it's not.

 

 

The warranty applied to new cars and nearly used cars is crystal clear.

 

 

The manufacturer warrants the car for one year as they are obliged to do so

however any extension to this warranty is usually supported by an insurance policy not too disimilar to a used car policy sold by aftermarket dealers.

it's a very grey area as to what is a genuine manufacturer warranty and what is not.

 

As I understand it and from what I understand the legal perspective is

that for the first year provided the parts are used are compliant or equivalent to oe parts

then the manufacturer has to cover any issue.

 

 

However, year two and three

the manufacturer can dictate that only oe parts parts be fitted in order to comply with the terms of the insurance policy covering the car for failure.

 

I could write pages and pages about this and in fact I think I ought to as it would clear up quite a few misnomers about car dealers be them new or used and the legal requirements as regards the dealer and consumer.

 

WHat is for certain even with the new consumer regs it doesn't always apply with car sales!

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  • 1 month later...

you do not need to use genuine vauxhall parts this is even stated on their website

 

and if the car was bought new or used in 2014

- used as in you bought it when it was under 1 year old

it has a 3 year vaux warranty as standard or 60000miles what ever comes first

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