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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 
      • 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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Gearbox Fault Evoque @ 22000 miles


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1 minute ago, kotewala said:

Hi ,

I have never once said I would sue for depreciation, I was merely pointing out how much I would be losing in total in 18 months. 

I am looking at the original advert which, I think,  said it had no faults on its test. I had no independent inspection other than the HPI check.

However , within 6 months , I did point out gear problems to the garage when it went in for Service . They said they could not find anything wrong. It was serviced without fail. Now garage deny , I ever mentioned to them. They must have a recording on the phone.

 

This is new information. I'm not sure that you mentioned this before that you had experience gear problems in the first six months of ownership. That would raise your chances of success are considerably higher – but as you clearly seem to be aware, you got no evidence that you raise the matter – and of course I think that a court would have expected you to alert the seller immediately rather than 12 months later.

Once again, I don't think you should look a gift horse in the mouth. Take the 40%. Also, if they sell you a new gearbox then it will come with all of your consumer rights which will effectively guarantee it for at least 100,000 miles or so.

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I agree with you , I should have contacted seller sooner, but I thought, I would be wasting my time with a private seller, secondly, I could not find details of the seller. I will have no choice , but to accept the 40% otherwise I will have no working car at all. The difficulty is £6K I have to find and the bitter taste it leaves with a premium car which I thought would last through my retirement.

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Yes, I'm sorry. I'm sure it must be a very unpleasant surprise. However I'm sure that taking the 40% is the prudent thing to do in the circumstances.
 

Maybe you can get JLR to up their offer to 50% and also to give you a finance deal on the rest that frankly I think that they are being pretty generous.

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Pleaded and begged to increase %, asked at least 6 times but to no avail. The gatekeeper to CEO will not entertain anything else, not even getting repairs from an independent garage. I feel so stupid.

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Well you had better say yes before the offer goes away

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On a slightly different point. I have written to the garage from where the seller bought car and I advised them I was the new owner . I gave them the details and asked if the car had ever been reported for gearbox faults. They are hiding under GDPR . I said that it does not apply to getting details on a car I own. Can the garage refuse as they are saying I must get permission from previous owner.

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Well I think that is a reasonable request but you can't force them to give you the information – and frankly they don't need to rely on GDPR to refuse you.

If you were to discover that there were Gearbox faults and that the private seller must have known about them then you are home and dry on that issue. However, I would say that you are probably looking at the long haul on that. Mitigate your loss. Take the 40%. Get the gearbox fixed and get the car back on the road. If you can then begin to investigate to find out if there had been any Gearbox faults reported before you bought the car then we can help you. In that case I would have no hesitation in suing the private seller for the portion of the money which you will have paid out in order to replace the gearbox.

However, get it sorted straightaway and treat the issue of pre-existing force as separate matter.

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Don't Land Rovers come with manufacturer warranty which is transferable like all other car manufacturers?

If the car is 3 years old /22000 miles, surely the manufacturer warranty should step in.

I'm sure land rover don't want bad publicity and a gearbox failing at 22000 miles, considering that a lot of their vehicles with 300k+ miles are still on original gearbox.

Someone on top gear once said that they are the most reliable and the least reliable cars.

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This definitely needs checking up.

Of course it could lead you to the next issue as to whether it needs formally to be transferred or it simply passes with ownership of the vehicle.

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1 minute ago, buyer-beware said:

As advised in the OP’s first post its 4.5 years old. 

 

Well spotted.  I had thought that it was only 1.5 years old when it was bought.

 

Definitely no action against the seller and the JLR offer is very generous

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