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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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Installation of summerhouse.


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is the installation part of the contrat price? If so then as they wont install the summer house they are in breach of contract and at best the whole thing is said to be frustrated as neither can continue with it. tell them that as there is now no contract it is not possible t refer to nay aprt fo somehting that doesnt exist.

 

I'm sure that they will make a lot of noise to bully you into paying as their employees ahev so far sucessfully bullied you into letting them do nothinga nd walk off the job.

 

You need to put things in writing to state where you are from your point of view and that si they are refusing to abide with the agreeement and install the summer house as per specification.

Now they might accept that and then say that they get to keep the deposit but that isnt so either. their losses are actually quite minimal at this stage because the summwer house is still a kit made to a common pattern from common materials so they can easily sell it on so we are talking about an hours labour by the 2 rude men as being the only actual loss.

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  • 1 month later...

they are saying that they are keeping the money you have paid and if you make a fuss they will claim you owe them more.

 

The reality is they are miffed at losing their commission for the finance agreement and the risk is now shoved onto their shoulders rather then the finance house.

 

they arent saying they are going to sue you, just deem that you owe them money.

 

Now if they do sell the shed and get more than it actually cost them to make will they pass on the profit to you? of course not so this threat is nonsense.

 

what do you want to do?

doing nothing and accepting the lost deposit is the easist, you can sue for the money back as they changed the terms of the contract after getting your agreement and thus repudiating the contract or they may try and sue you but they then risk a judge making them return your deposit money.

 

I suspect they will make noise and maybe write again telling you the sky is going to fall in but actually do nothing  because they arent actually oit of pocket

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  • 3 weeks later...

Check online and get the judgement if it isnt already there. They may well appeal this but that will cost them

Prepare as though they are defending but go after them as debtors. If it is more than £600 get the matter sent to the High Court for enforcement, will cost you £60 but will cost them loads more.

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It is deemed served so you carry on. I they have refused it or given false detaisl to CH then that is their look out.

Howevr, it does give you problmes when trying to enfoce the court order unless you know they are still at the address. Often a registered office is just a PO pick up

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