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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.

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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.
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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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Argos refuse responsibility

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Good morning. After a little bit of advice please.


In January I purchased a Fitbit Charge 2 for my daughter. Unfortunately it has stopped charging and no problem solving suggestions have helped. I have a bank statement for the purchase and Argos were able to find a transaction I'D for it as am used my card. Over the weekend I attempted to take it back to store to get a replacement. I was told by the manager that Argos no longer take responsibility for any faulty Fitbit products so I need to deal with them directly.


I explained as best I could my consumer rights and that my contract was with Argos and as such it was their responsibility but this was denied. Having left the store my daughter was in tears as she wasn't getting a replacement (being the soft touch I am, purchased a new one from another store).


I then contacted Argos online hoping for a better outcome and explained my issues but unfortunately their response was basically 'sorry for your store experience please contact Fitbit customer care


So now I'm a bit stuck. What else can I do to get Argos to put this right?


Thanks :)

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Having now spoken to their online customer service and also their Twitter team, it seems they do not recognise the Consumer Rights Act 2015 and say that Fitbit have accepted all responsibility for products supplied by them.


As I am no longer looking at getting a replacement (as I have already purchased a new device) Fitbit are also unable to help.


Should have purchased it from Amazon

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you jumped the gun as you were never entitled to a refund, the merchant had the choice of repair, replacement or refund. Referring the matter back to Fitbit can be OK regarding the repair/replacement as long as it is accepted that your rights remain unchanged.

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I didn't ask them for a refund. I gave them the opportunity to repair or replace the faulty one which they chose not to do but asking for me to deal directly with Fitbit. My contract is with Argos and as such, expect them to arrange repair with their supplier not me.


Anyway, I have now lodged a small claim with the court so expect the matter to be resolved relatively soon

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Hello Small-Fish

I've spent many hours studying the Consumers Rights Act - it's worth reading and quoted on this group forum. Did you ask your bank if they could refund? If you pay by Debit card as others have said you don't have much "comeback" but banks can be helpful sometimes and they might give you a credit. It's worth a try. I once got a refund from Santander who had wrongly charged me.

I don't think you'll frighten any firm with a small courts threat but there's lots of advice from HMGOV on how to go about it. You have to pay unfortunately.

Kind regards

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Get in touch with Fitbit directly, they have a 2 year warranty and they are VERY good. I have the Surge, its known for the strap to come away. I just got in touch with Fitbit and the replaced it with no fuss and without returning the original. I've had 3 replacements already :) Replacements arrived without a couple of days!

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part of a repair/replacement can be sending it back to the manufacturer or their agent as long as it is understood that this is at their expense.

You are likely to win your claim but bear the expense of a day lost to waiting at court.

I didn't ask them for a refund. I gave them the opportunity to repair or replace the faulty one which they chose not to do but asking for me to deal directly with Fitbit. My contract is with Argos and as such, expect them to arrange repair with their supplier not me.


Anyway, I have now lodged a small claim with the court so expect the matter to be resolved relatively soon

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I gave Argos three separate opportunities to repair or replace the faulty item. As far as I'm concerned, it was not my responsibility to waste my time being on hold and passed from pillar to post chasing a replacement from their supplier. If I wanted to deal with Fitbit, I would have purchased it directly from them but chose instead to 'support the high street'.


That decision was obviously an error on my part and certainly not one I will be making again with Argos. The claim has been submitted and have all the supporting evidence of their insistence that the Act is not relevant in this case as Fitbit had stated to them that they will deal with any technical issues - didn't realise companies could pick and chose when to adhere to the Act but Argos seem to think otherwise.


A day off work to stand up for my rights and show the little people don't always roll over and do as they are told by the big companies is time well spent I think :)

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