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    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
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      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.

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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.

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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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Where do I stand?


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I bought a used car from a seemingly reputable dealer in December 2019.  It was a 2012 Subaru WRX STI, it was fairly priced and the mileage was low for it's age (52k miles).

 

In early March, driving home, the car started making a funny noise whenever the engine went above 2000 revs.  My brother in law mechanic said that's engine trouble (possibly bottom end or the crankshaft) and to get in touch with the dealer.

 

The car came with a 12 month warranty, and the crankshaft was listed as a covered item.  What I discovered was that there was a limit of £500 per claim under the warranty, which wouldn't cover this (as the part alone cost more that that).  The dealer was unwilling to help, and stopped responding to my emails.  (The excuse was because of lockdown, despite their website saying they were open for servicing and repairs for keyworkers, of which I'm one).

 

I did some googling and contacted the citizens advice bureau.  They advised that as the car was on finance, to go to them and see what they could do to help.

 

The finance company were great, they sent an independent engineer out to inspect the car, who believed that the problem was there when I bought the car (they think the oil pump had a problem and hadn't provided enough oil to the engine).

 

The finance company sided with me and got the dealer to take the car back to look at rectifying the problem.  This was now at the start of June.

 

Around September, they told me they'd found metal filings in the engine and that the car would need a new engine, and wanted me to pay a third of the cost (around £3.5k) - the rest being split between the dealer and the finance company.  After more dealings with the finance company, the garage and the finance company agreed to pay for the work between them.

 

Which brings me to this week, I've finally had a call to say the car is ready to collect.  However, the MoT has now expired on the car and they want me to pay for that.  I asked for this and they refused, advising that I could take the car to another garage for it.  Fair enough, but the Subaru does attract a bit of attention, and driving 3 hours from the garage to one nearer home without an MoT isn't really an attractive option (especially as I work for the police).

 

Do you think I'm being unreasonable in wanting them to provide that for me for free?

 

My grounds being I've owned the car for 12 months, only driven it for 3 of those and it's been at the dealers for 6.5 months.

 

I've incurred extra expenses due to this car being off the road, mainly that I had to buy another car (just so I could continue going to work), and the length of time they've taken to repair the car does seem excessive.

 

The same with the warranty, 6 of the 12 months cover has been useless as the car had been off road and actually with the dealer.

 

Citizens advice mentioned that I might be able to make a claim for consequential losses.  If this is the case, should I collect the car first and then look at doing that?  Or just put it down to experience and move on?

 

Any advice appreciated 🙂

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I can understand your frustrations at having to wait so long for a resolution of your problem, but I also have to say that I think you have done pretty well out of it. Whilst I am sure that you may be entitled to repayment of some consequential losses/costs, this would be offset against you now having a new or refurbished engine. Normally you cannot expect such betterment without payment. This is what the earlier request of £3.5 K was about and it is pretty amazing that this has been waived..

 

You have not told us what age of Subaru it was, or the price that you paid for it. I would imagine that the dealer now wants to be shot of the deal! I would be wary of having them conduct an MOT as it may be a way for them to recoup some money with repairs that render the vehicle undriveable ie requiring towing to another repairer if you declined their quotation for any repairs.

You are entitled to drive the vehicle to a PRE ARRANGED MoT at your chosen station (there is no requirement for it to be close to the beginning of the journey, but it must be straight there, no deviating for shopping etc)

 

There are many threads on this Forum of difficulties experienced by buyers who have travelled many miles for a second hand vehicle and the logistics that ensue.

 

Maybe time to suck up and move on?

Edited by Gick
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My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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  • 2 weeks later...

It's my fifth Scooby, so not exactly new to the brand.  The newest I had was three months old, the oldest being this one.   Just wouldn't have expected an engine to go on that low mileage.  My last one had over 110k miles by the time I got rid of it, and was as good on the last day I had it as the first.

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