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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
      • 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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Legal responsibility for rejected car


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I bought a  used car a couple of weeks ago for £2500 from a car dealer (Ltd company).

The car was delivered to me and the driver very quickly left.

On checking the car moments later there were faults, such as the engine management light etc.

 

I called the garage who confirmed that it happened on the way to me.

I emailed and wrote to them rejecting the car and asking them to collect the car.

 

They tried to palm me off with the offer of a repair, but I declined.

Any car dealer who knowingly delivers a car that is faulty does not get any go at repairing with me!

 

Question is this.

Two weeks after rejecting the car and several emails and a letter later, they are ignoring me.

What can I legally do with the car?

Am I in any way liable if anything happens to it -

if it gets hit by another car or if someone steals it?

 

It is parked on the road exactly where the dealer left it.

It hasn't moved an inch since delivery and won't be either.

 

But where do I stand in this as I have told the garage I am rejecting it, which they cannot say they did not know about because they replied to that email with the offer to repair.

 

I do not want to dispose of the car by the way,

I just want it not to be my problem or responsibility if anything happens to it.

 

Anyone?

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Thanks for the reply. I went to the dealers garage. I do not want to name them, but will at a later date.

 

Because they delivered the car, I do not have to take the car back, they have to collect. Dealer is about 2 hours away.

 

But you are correct in that main interest is recovering my money. As I paid by credit card, that should be easier.

 

The thing is that I do not want responsibility for the car. They have had more than enough time to arange collection but have chosen not to. I cannot be expected to be accountable for the car that they have effectively abandoned outside my house surely.

 

Also, when I bought I paid before being handed the car to keep, so perhaps I should insist on them refund before I hand them back the car anyway?

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Thanks again.

 

Yes, I paid by cedit card after reading many horror stories on the web.

 

Section 75 claim was already started but card company are more slippery than a wet kipper.

I also sent the dealer rejection letter by post and a copy of everything was sent to the card company.

 

Card company contacted the dealer who said they would refund me, but have not done so.

Card company seems to think that means dealer is not in breach of contract.

I disagree of course, but card company thinks that they have no responsibility under section 75.

 

Trust me, I will get my money back.

Of that there is no doubt at all and have no worries about taking the card company to court if needed.

 

The main thing is what to do about the car.

How long is reasonable for me to have responsibility for it, when I have made it clear to the dealer that it is rejected and they have just not bothered collecting it.

 

Please correct title if you can.

I spelled 'responsibility' without an 'r'

 

Car is NOT in my name and it will not be by DVLA as I had a very nice chat with a manager there, so if a v5c does get sent in with my details on, they will NOT put it in my name but will hold the V5c ''in trade'' until someone else applies for the V5c thus bypassing me.

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Thanks for your help. I do not appreciate the sarcastic ''Bravo''.

 

Is it it a rule to name them? No. I do not feel comfortable doing that at the moment so no matter how much you want, that is not going to happen. I simply wanted advise on what to do about the car. If you are unable to help, that is fine and I am grateful for your time. But the sarcasm does not work on me.

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  • AndyOrch changed the title to Legal responsibility for rejected car

Well, I very much appreciate that you are Site Team. But you have no right at all to say '' you are quite wrong'' because I won't name the delaer at this time.

 

I think what you have succeeded in doing is put people like me off asking for help. Bravo to you.

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I am curious. I posted a question about responsibility for a car I am rejecting sold to me by a dealer. The only person thus far to respond happens to be a site team member, who's very first line contained ''What is the name of the dealer?''. I replied that I am not comfortable naming them, but that led to me being ''wrong'' and ''being obsessed with this kind of stuff''.

 

But the member who responded seemed to be the one obsessed with finding out the dealer name. I felt like I was being almost bullied. Tell us the name. Tell us the name. You are bad for not telling us the name. Bravo to you for making it harder for others. What?

 

If I had wanted to name and shame the dealer, I would have done. I did say that I would do at a later stage, but was not and am still not comfortable doing that and that SHOULD have been that.

 

I have since found the information I require elsewhere and just wanted to say how upset I was yesterday about this. I am having a very difficult time trying to get my money back and only asked about the responsibility for the car, but it just ended with me being ostracised for daring to question why I was being nagged and nagged for something that is frankly not particularly relevant.

 

Perhaps someone else would care to comment. Maybe I am wrong to not comply with the demand. But I found that the oddest situation I have ever been in on any forum and it made me very uncomfortable indeed.

 

I think some people need to get down off their throne and understand that whilst I am grateful for any help, I am not grateful for the way in which this person made me feel. Why I should I feel bad? The first time I said that I was not naming the dealer, that should have been that. But no. This was the sole focus and actually makes no difference to the question I asked in any way.

 

Thanks for reading. It needed to be said.

 

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I did not 'expect' anything at all. I asked. Nothing more.

 

I have not ignored any advice. I have refused to name the dealer. But you have joined in to also tell me I am wrong not to. Has it occured to any of you people that i might actually have a very good reason NOT to name the dealer? Like not wanting bricks through my windows for example?

 

All I was interested in was the lagality of what to do with the car. Nothing else. Obviously this is not the forum for me, so i will be grateful if someone can delete this thread and close my account.

 

 

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