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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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Everest - sales contract - consumer regulation act


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Hi,

Looking for help regarding Everest conservatory sale procedure when the point of sale is on customer premises.

 

We have a long running dispute with Everest going back to 2014, when we were mis-sold a conservatory.

We clearly asked the salesman for a specific type of foundation and base work, but as his sales tool was unable to specifically detail the type of foundations being requested, we made certain it was written on to the sales contract.

 

To set the picture, the contract was signed very late on a Thursday night, and the salesman used an excuse that he couldn’t take our deposit money and consequently said he was unable to leave the signed sales document or the technical sales agreement with us. [yes, we now know this was breach of the consumer regulations act]

 

We paid the deposit to the head-office the following week.

 

What has happened since, Everest has used a different foundation (plus delivered lots of other problems) and since we don’t have a copy of the sales contract we are finding it difficult to prove our request with Everest. Everest have provided copies of the technical sales agreement, but their system was not configured to state what type of piling was requested, so Everest are claiming they have provided what was stated on the sales agreement.

 

As instructed by Consumer advice/Trading standards we have asked for a copy of the sales contract under the Consumer Regulations Act, yet they only send repeated copies of the technical sales agreement stating that it is the binding contract. And per Consumer Advice, we have now also requested a Subject Access Request per the data protection act again specifically asking for the sales contract plus any other documentation with our details on them.

 

We doubt Everest ware going to share a copy of the sales contract unless we can show them an example Everest conservatory sales contract, and demand they provide our copy.

Can anyone share a copy of their sales contract? I’m not after your specifics but just what does the Everest Conservatory sales contract look like, because we cannot remember.

 

Alternatively, anyone out there who has a copy of their Everest conservatory technical sales agreement, where it specifies Shire piling or Helix piling and/or a Quikbase base solution? It doesn’t need to be a contract in dispute, this can be any one that has been successfully installed and the customer is happy with it, either will do.

 

Many thanks in advance, if you can help.

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