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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.
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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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VW supply non matching part , refused return


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My son has a Mk 4 VW R32 ,( Fast Golf ) and as well as being a long term project in keeping it standard and in tip top condition ,it is also a money pit , but he loves the car .

His latest project came about because of a leak from the sun roof ,.

The leak caused staining and other damage to the head lining ,so having replaced seals to the sunroof , using the cars VIN number he ordered a new headlining , which was special order from the factory

 

The replacement head lining material is not a match to the rest of the interior trim ,” A” posts “B” posts and sunroof inner panel etc ,

 

VWs answer is that there may have been a specification change to the head lining , and could not guarantee that if he ordered the rest of the interior trim it would match the finish of the headlining .

 

Here is the crunch ,due special order ,

VW will not accept return ,

even though there is a mismatch with existing interior trim .

 

There was NO indication on the official VW parts list the dealer used to order the headlining to indicate that there was a change in specification or material type ,so at present my son has shelled almost £400 for a useless part .

 

Not fit for purpose ? or any other reason we can persuade VW to accept return.

 

It is a awkward situation as my son has ( up to now ) a good relationship with the dealership , having bought many parts to keep his pride and joy looking its best .

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If it was custom made then yes

But I feel by using the word special order

I think they might be trying to kid you that cra does not apply

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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It seems to me that if there is a change of specification then it is implicit that the new specification will relate not only to the headlining but all the interior trim which would normally match if the vehicle had been new.

 

On this basis I think you have two possible arguments for saying that the supplied headlining is "defective/not fit/not matching description".

 

Firstly firstly is the fact that the VIN number relates to a particular specification and if the specification has changed away from the original then the part they have supplied does not match the description – the description being inherent in the original specification for the VIN number.

 

The second position is that there is an implied term that if the specification of the headlining is changed then so also has the specification of the associated matching parts – because otherwise who on earth would want to buy mismatched interior trim.

 

Clearly if the specification for the headlining has changed then there is not much your son can do about it. That will be the only part which is available to him. This means that he will have at least two compromise by agreeing to buy the remaining interior trim to match the headlining. If they can't supply matching headlining then I think that they are in breach of contract and this would be the way forward.

 

As for the good relations he has with the supplier, he may have to kiss that goodbye – although it would be unreasonable for the supplier which has a pride in its business to be non-sympathetic with somebody who simply wants to keep a vehicle looking good with matching trim.

 

If they want to fall out with him about this then it shows something about their general attitude that they can be lovely people when the weather is fair

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Not custom made , standard VW part

 

Thanks for the quick reply BankFodder ,

My son is heartened by your reply ,

 

The Dealer has agreed to supply the rest of the trim at cost , the only stumbling block is again “special order “ and the problem of matching

 

I have suggested to him to make it a condition of the order , that any new parts of trim supplied should match the already purchased head lining , and if there not a match , to refuse to accept the parts.

 

To be continued

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Firstly firstly is the fact that the VIN number relates to a particular specification

 

Although some digits within a VIN number refer to more general vehicle type and specification, a full VIN number is unique to one specific vehicle. There can be no two the same - otherwise Registration authorities would not accept or use VIN numbers as an identifier.

 

That being the case it seems the fault is not with the OP's Son or the Dealer but with VW themselves. VW, and only VW, created the vehicle, production records and VIN number. So either -

- VW production records were incorrect and did not match the vehicle they produced, or

- VW cocked up the order, or

- the VIN number was incorrectly transmitted between the Dealer to VW.

 

Assuming it was not the last, VW's 'smokescreen' response of a "special order" is irrelevant and just an attempt to squirm out of it. VW appear to be the cause of the error and the consequences falls on them.

 

Just as the Son doesn't want to sour his relationship with the Dealer, the Dealer depends on VW for his livelihood.

However, if it comes to a legal fight, the Son legal relationship was with the Dealer and the Dealer's legal relationship was with VW.

 

I think the OP's Son and the Dealer should conduct a combined approach to/against VW accordingly to obtain the correct specification part at no further cost.

If VW can no longer supply this they should admit their error and seek some satisfactory resolution with the OP's Son (via the Dealer).

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As others have said really. Special Order does not mean Custom. It's a standard VAG part so there's nothing custom about it. The fact that it has to be ordered from Germany, special order or not, has got nothing to do with it. The dealer and/or VAG are trying to bamboozle.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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I recently ordered a "special order" door interior trim for my 20yo VW and they sent the right part.

I don't think your son's headlining has been discontinued, they simply made a mistake in sending the wrong one and don't want to admit it.

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