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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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Non Refundable £500 Deposit with Audi


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Hi Guys,

We live in Scotland and have seen a nice Q7 in England, but the Sales guys has replied back saying they need a 'Non Refundable £500 deposit’ to hold the car so none of the other sales reps gets their hands on it. I haven’t seen any videos of the car yet as it’s still being prepped, but the details have been uploaded on the Audi website (but with no picture). 

Quote from Audi Sales in Email: 'We don’t have any refundable deposits taken unfortunately any deposit we take is to buy the car & therefore non-refundable' and 'We have two options either wait until I can get the video & risk having a colleague of mine sell the car or place a deposit to purchase the vehicle of £500. The only way this £500 would be returned is if the car is mis described'

Now having spoken to my pal who works for Audi in Scotland, he said this "is Illegal" and Audi can't keep a £500 deposit, "they can't keep a deposit if a customer changes their mind". I also did call Audi Office, and they advised that’s due to all the dealerships being franchise, they can basically make up their own terms…

Why the hell are Audi doing this, and are they breaking the law?

 

Do I have rights with distance selling regulations, and if I pay the £500 deposit on Credit Card, will the CC company take my side even though the transaction wasn’t fraudulent if we decide to change our mind so we have cover? 
 

Thanks all 

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I'm afraid that I don't see any problem in principle with paying a sum of money in order to reserve your option on a car or any other object for a particular period of time.

If they then hold the car for you and refuse to sell it to others then they have effectively carried out their side of the bargain.

If on the other hand you placed the £500 as a part payment then you would be protected by the distance selling regulations

 

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Have you read our guidance on buying a used car?

 

Will it be paid by cash or paid by bank transfer?

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Thanks BankFodder,

 

I will ensure an email is replied, from them, stating confirmation it’s part payment towards the car.

 

If I do change my mind, and the payment was towards the car, what would be the process in claiming back the £500 paid on either a Debit Card or Credit Card? 
 

Do I just contact my card company and ask for a chargeback

 

2 hours ago, BankFodder said:

Have you read our guidance on buying a used car?


Nope not yet,  but I will do :) 

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Do it

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So you are buying a used car – at a distance (we don't know how many miles yet) – unseen, with the company that is already sending out warning signals that a deposit which you will put on the car will not be refundable – directly in defiance of the distance selling regulations.

What is the name of the dealer?

We look forward to seeing you back here in the fairly near future trying to assert your rights and to get your money back.

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It’s an actual Audi Dealership in England, and yes buying a used Q7 2018 

 

Distance is around 300 miles, if anything goes wrong Audi provide 1 year used and approved warranty, which can be sorted if anything goes wrong at any Dealership. So distance is not a worry when trying to get things sorted, if that happens. 

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Well I hope it goes well for you.

If you have to come back about it, then please use this thread rather than start a new thread.

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Make sure that you tell them that you are confirming the purchase, that here is £xxx initial payment with the balance of £xxx to be paid when you collect it.

 

If it has a brand new MOT - then get it re-mot'd within the first few days

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1 hour ago, somethingelseplease said:

It’s an actual Audi Dealership in England, and yes buying a used Q7 2018 

 

Distance is around 300 miles, if anything goes wrong Audi provide 1 year used and approved warranty, which can be sorted if anything goes wrong at any Dealership. So distance is not a worry when trying to get things sorted, if that happens. 

 

just remember that any warranty does NOT replace nor negate your consumer rights, and most certainly don't pay for one.

and ofcourse does NOT limit your 'comeback' for just 12mts or whatever period.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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