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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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Car finance, dealer


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If you have a look around at the used car problems that we have on this website, most of them have at least one element – paid by cash or paid by bank transfer, cheap car, bought a substantial distance away.

We don't how much your car is, but to require a 10 hour return journey is really quite excessive. And I gather that you haven't even seen it.

Although to a great extent you are protected by the fact that you have bought it on finance, even dealing with the finance company under the consumer credit act can be problematic because we are finding that mostly they are extremely uncooperative to the point of being obstructive.

Here's just one example where there is a finance agreement in place 

and here is another

 

 

And there are many more cases where people have bought cars at ridiculous distances from their home.

You say that just because it's close to you doesn't mean it's a good deal. Does that mean to say that because it's five hours away from you, it must be a good deal – and you haven't even seen it?

Have you factored in what you are going to do if you have some problem in the next two or three or four months – or within the next 12 months and you have to return it to the dealer to be repaired and then go back home while you wait for the repair to be carried out and then to go back down again and collect it and bring it back home.

I have to say that I'm a bit impressed the dealer actually wants you to see the thing before you collect it. Most dodgy dealers wouldn't so that's one good point in their favour but still you are taking a huge risk.
I don't know what difference you think a warranty makes. A warranty simply serves to distract you from your statutory rights and give you the impression that you have got some protection which you wouldn't have otherwise.
Warranties are by and large a con trick intended to give the impression to some naïve purchaser that they are getting some extra protection or some extra value as part of the purchase.

Wait and see what happens if you have to enforce the warranty. Ha ha.

The best thing you could possibly do is exercise your rights under the cooling off period and cancel. Buy something closer to home.

If you don't, then the chances are that you will be back here again in a few months asking for help because the car is defective and you are having difficulty getting it sorted out.

Already you seem to be having some kind of dispute about the difficulty of going to collect it. And it hasn't even gone wrong yet.

My site team colleague above is absolutely correct, unless it is written into the contract the car does not have to be delivered to you. You have to collect it.

Don't you see the warning signs already?

 

 

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Watch out for pressure now when the dealer attempts to recover the purchase by offering to deliver the vehicle.

Stand your ground – but also appreciate that this problem has been caused by you

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Thanks for the update. I'm glad it seems to be going so smoothly. Still – just to be cautious, confirm all telephone calls in writing. Make a note what was agreed and send it to them by email. Send a copy to the finance company. If you write anything to the finance company then copy it to the dealer.
This is all good practice and makes sure that you are covered if suddenly something goes wrong

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