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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

CRS AJJB chasing money for Photo Studio Group run by Michael John Hannah


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How on earth do you come up with the figure of £196 pounds???

 

Anyhow, as you have found out these are charlatans, reclaim your money and simply ignore them, although a complaint to trading standards is a good idea also.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Ah yes I forget TS is pointless, AF may well be worth a shot like you say.

 

Or Rip off Britain!?

 

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 3 weeks later...

Yes this is part of their MO, it even says so on their website.

 

That contract is ridiculous, and I would say it is unfair as it is clearly skewed in their favour.

 

You cannot cancel the contract UNLESS you pay in full?? Yet they don't keep to their part of the contract by fulfilling it?

 

IMHO you'd wipe the floor with them in court.

https://www.businesscompanion.info/en/quick-guides/on-premises-sales/consumer-contracts-on-premises-sales

 

Information requirements

The Regulations require that you give certain information to consumers who buy goods, services or digital content from you on your business premises. However, there are some types of contract that are exempt from this requirement:

  • medicinal products or services that are either dispensed on prescription or are available free under an NHS arrangement
  • a contract for passenger transport services - for example, bus, rail or flight tickets

In addition, these information requirements do not apply to day-to-day transactions that are performed immediately when the contract is entered into (the consumer pays and gets the goods / services straight away) - for example, for everyday purchases such as groceries, newspapers, buying a coffee to take away, having a shoe-shine, etc. However, other trading standards legislation will still require you to display information about what the product is and its price and, in some cases, its unit price. It is likely that this exception will most likely apply to low cost items.

In all other cases if you are offering to sell goods, services or digital content on your premises you need to give or make available the information listed below to consumers before they enter into any contract:

  • the main characteristics of the goods, services or digital content. In many cases this will be obvious from the display of the goods or their packaging and no further information would need to be added
  • your identity (such as your trading name), geographical address and telephone number. Your name and address may be obvious for customers on your premises but they should also be informed of a telephone number for further contact
  • the total price of the goods, services or digital content, including all taxes - for example, VAT, or, if the price is not known, how the price will be calculated
  • details of any additional delivery charges or, where this cannot be calculated in advance, an indication that a delivery charge will be payable
  • where applicable, arrangements for payment, delivery or performance and the time that you will take to deliver the goods, perform the services or supply the digital content (see 'Time for delivery of goods' below)
  • if you have one, your complaint-handling policy. Providers of services should have a complaint-handling policy in place as required by the Provision of Services Regulations 2009. In addition CTSI approved codes of practice and some trade associations and professional bodies will also require a policy to be in place, which must be made available to consumers
  • if you are selling goods you should remind consumers that the goods you sell must be in conformity with the contract - for example, you might say: 'It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations please contact us'
  • if there are any after-sales services or guarantees available you must make consumers aware of this and any applicable conditions. In many cases this will be obvious from the display of the goods or their packaging and no further information would need to be added
  • if the consumer will be entering into a contract of a fixed duration, they must be informed what this is. If the contract has no fixed length, or can be extended automatically they must be informed of the conditions under which they can terminate it
  • digital content functionality. This includes information about its language, duration, file type, access, updates, tracking, internet connection, geographical restrictions and any additional purchases required
  • digital content compatibility (information regarding both hardware and other software)

The Regulations do not specify how this information has to be made available, the important thing is that consumers have this information given or made available to them. It is likely that this will be achieved by a variety of means, such as the goods themselves, notices or price lists on display, or making a contract available for a consumer to read before they agree to be bound by it. The acid test is that this information must be clear and comprehensible to the consumer before they enter into the contract.

If you need to change any of this information before entering into a contract, or at a later stage, you must agree this with the consumer. Failure to do so will mean that the consumer is not bound by the change of information.

Failure to provide the information set out above would allow a consumer to claim that you have breached your contract with them and seek an appropriate remedy. The consumer would also be able to claim, under the Consumer Rights Act 2015, that you had breached your contract if they found that any of the above information that you had provided was incorrect.

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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You do realise solicitors are simply people like you and I, just that they have a library of law books to read whenever someone goes to them about specific incidents....?

 

As you say it is unlikely that this would progress to a DJ, they simply prey on the weak and vulnerable and use legal jargon and fancy letter headed missives to intimidate.

 

 

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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