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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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Backstreet garage had car 3mts - not repairing. getting my money back?


bhamdriver
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Hi everyone!

 

we bought an Audi A6 auto in September 2016 with a known gearbox problem.

We found a gearbox on eBay (rare gbox code), and had it sent to us and fitted by our mechanic.

It wasn't right and was leaking,

the supplier took it back, repaired it, and sent it back out to us. It still wasn't right.

 

Eventually the supplier said to send him the car (To Essex, we're in Birmingham) and he'd fix it free of charge.

 

 

By this point we had paid him £1000 for the gearbox.

He then said the ECU was a problem and to send him £350 to have the ECU repaired.

 

 

He has now had the car since April 2017.

I've called countless times, and when I eventually do get hold of him,

he either says they're busy, or the latest one was that they've changed 3 gearboxes with no luck.

 

 

I managed to get someone from a nearby garage to go and check that our car is still there.

He said that it is, but that we should go get our car as it will just rot there.

He said we're not the first to threaten the guy with legal or police action,

and that no one has ever had any luck getting money out of this guy.

 

Apart from our mechanics' labour, we're out £1350 to this guy.

We obviously didn't know who we were dealing with initially.

We have bought many gearboxes and engines from eBay and from breakers, and never had any issues.

 

Paypal won't cover the money, as the transaction is over 180 days old.

And it wasn't paid for by credit card,

so I'm not sure what happens with indemnity.

 

Do any of you have any experience with something like this?

Is there any way of getting our money back?

Thank you.

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It seems to me that your first priority is to get the car back.

 

Read our customer services guide – implement the advice there and then call them on the telephone. See what they have to say and tell them that you are coming round and give a time and date.

 

Go get the car. I suggest that you photograph it before you move it – exterior and interior.

 

Once you have the car back in your possession then in order to get your money you may have to bring a small claim in the County Court. On the basis of what you say, you stand a good chance of success. But see about getting the car back first. Then come here.

 

I'm assuming that they don't say that you owe them any money. Is that correct?

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It seems to me that your first priority is to get the car back.

 

Read our customer services guide – implement the advice there and then call them on the telephone. See what they have to say and tell them that you are coming round and give a time and date.

 

Go get the car. I suggest that you photograph it before you move it – exterior and interior.

 

Once you have the car back in your possession then in order to get your money you may have to bring a small claim in the County Court. On the basis of what you say, you stand a good chance of success. But see about getting the car back first. Then come here.

 

I'm assuming that they don't say that you owe them any money. Is that correct?

 

Thank you for your reply. I have tried over and over to call them, but they aren't answering.

Looks like we have to go down, photograph the car, check it mechanically to make sure there are no other faults, and take it.

How feasible is it though that a backstreet garage will even respond to any County Court summons?

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