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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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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German car shop in Leicester wont take car back 8 days after purchase.


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Ok. 

But makes me boiling what that Dealer is doing .

He accused me of being familiar to some garage and how MOT inspector told him he is going to fail ? Its impossible Nodoby would give him that information I suppose even if he rang , I thought its private . 

 He is bullying  me and intimidating by this sick accusations , calling me also liar . 

Why I have to trust only the garage he chose,?

He will reject my MOTs thats for sure , he even wanted make me go to only MOY station he chose.

 He havent back to me about garage yet.

He has no intention for refund / repair.

I wish I could report him to some institution for his disgusting behaviour ,  but he seems to be untouchable .

 

"The garage has to be one that is not familiar with either of us.

The fact you already know the garage and the fact he already wants to fail the car before testing it on an official mot ramp may be seen as unfair in the court of law.

Therefore our only solution for you is to have the mot done at an independent garage which i will arrange and pay for.

If you do continue to have it tested at this particular garage we will void the claim (under suspicious circumstances) and you will have to wait to have the matter seen by a judge.

This could easily lead in to next year depending on our availability.  Alternatively, we have it booked in independantly.

Once they have reported back to the both of us with their findings. We can agree on a settlement inline with our terms of sale. If you choose this option you could potentially have the matter finished by the end of this coming week." 

You bought the car and you knew there were faults with it, you agreed to buying it under trade terms, so please stop trying to think we are idiots." ( his text message just after I bought car  ) 

I just want thank you all for support x 

 

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" I will update you later today. Just trying to make arrangements"

I didnt sent him your text as he just now dent me above message

i think he is lying , will not make any arrangement for MOT. He would be back yesterday , on saturday lots garages closed or close early

What if he make it far from my home ? 

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I have contacted with dealer , proposed him if he pay cost of all  repair I will keep car . He said he will find out cost of parts which need replacing. Even if I win in court  I may not be able to have court judgment enforced looking at Dealer behaviour.  And I will be without car up to 6 months.

 

Edited by Aga.misia
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Thank you that you still want help me

He says no need for MOT and I agreed , now regret. He sound like he dont want that MOT  Can I change mind and tell him I want MOT done and all faults repaired  ? He supppse to back to me about cost of repairs still waiting . 

Please whats to do now ? 

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Thank you. If he rings me which I doubt now I will tel him about doing MOT and repaires on his costs and I will keep car.  Its been over 2,5  hours still no reply from him. What to do now ? Contact him again about wanting MOT ? 

Edited by Aga.misia
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Yes ofcourse  I want help from you. My boyfriend suggested he will keep that car if its repaired thats way  I rang dealer Made mistake calling him , whats to do now  ? He didnt book MOT for monday and he will not as gave him my proposition which he agreed to pay for repairs just find out cost but not came back like promised 

Edited by Aga.misia
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I dont mind , english is not my first language . Thank you for support

I was naive hoping dealer will try to resolve whats good for me aswell.

 

Edited by Aga.misia
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Dealer sent me before midnight  
 
Good evening. As discussed over the phone earlier today.  We will not accept any mot or report from your chosen garage due to a conflict of interest.
 
1. You have refused to inform us of where you had booked in the mot.  We found out anyway and spoke to your technician who informed us he plans to fail the car besides the fact it hasnt been tested under regulations on an approved mot ramp yet.  He also informed us that you know each other personally which has now created a conflict of interest.
 
2. You have now stated that you will take it to another garage. And have refused to inform us which garage so we can not attend the mot to ensure fair testing.  You have also refused to allow us to choose an independant garage until you have had the vehicle mot'd at your own garage. PLEASE NOTE THE VEHICLE HAS NEARLY 1 YEAR LEFT ON ITS MOT.
 
 
3. You have refused to send photos and videos of the fault so far. So we sent an independant inspector out to take pictures of the cars rear brakes etc..
 
4. You have stated your vehicle needs rear brake pads.  In which case we are happy to accomodate and pay for if they need doing.
 
5. We have offered to take the vehicle back inline with our terms of sale.
 
6.  If you wish to return the vehicle please do not carry out any work, or mot testing on the vehicle. In the off chance the vehicle fails, there will be extra costs incurred due to the vehicle now being an mot failure. 
 
If you ignore our requests to not continue with your mot tomorow (due to conflict of interest). Then we will collect the vehicle and have it inspected at an independant mot testing station to ensure the vehicles mot test was not falsified. Until this is done, there may be some delays but we will not be able to resolve your issue until we have had our chance at inspection.
 
Therefore, if you wish to return the vehicle now (within our terms of sale). Please do so before any work or testing is carried out on the vehicle.  As stated above. We will not accept any mot or report from your garage due to a quite obvious conflict of interest. 
 
We look forward to your reply. 
 
Kind regards. 
 
I dont know the technican personally , he is laying , can he do that in such oficial letter ?  Looks like I may know every technican in my city which is nonsense as he insist to chose MOT station only by himself.
He is accusing me of smth which is not true .
Edited by Aga.misia
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Thank you. I  m going work now , I promised no comunication  anymore with him. The person who send me messages dont know his name but its not the director I think as there is another person which I thnik is the director .

Can I do MOT in garage I got report from ? Or diffrent one 

 I only will make one MOT today as I m at work till 2 pm  , my boyfriend unfortunately will not be able to take in morning.

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Ok so I have to go to original garage too.  But can he get away accusing me of knowing mot technican ? Which is  not true. I m so angry of his lies.

That dealer behaviur start affecting my mental health , nodoby has never been so disrespectful and bully towards me .

Garage probably will not provide me statement that I was first time there and dont know anybode there as garages probably dont want involes in disuptes 

Edited by Aga.misia
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Its failed on brake pads and discs , also 2 tyres need replacing soon . Plus vibration on idle need investigation 

When I go tomorrow again the Garage will probably see on computer what failed on and ask me why doing again.

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No , didnt mention  , garage new after first report last week . I m just thinking about tomorrow another MOT 

Good evening.  

 
I made a few phone calls. I found a garage who is willing to take a look at it tomorow.  Ive informed them you suspect the brakes may need attending to so he is aware. Ive also asked him to mot the car. Please note the vehicle is not due an mot. But as a good will gesture i will have it done and pay for the mot and work if there is any to be done.  
 
Please find below the garage details.
Please call the gentleman on the phone number provided below. He is awaiting your phone call.

Tunis Garage
Tunis street
Hull
HU5 1EZ
 
Kind regards.
 
German car shop.

I cant find this garage on google

Edited by Aga.misia
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Yes , will get touch with garage after work

 

Bank Fodder , Honeybee thank you.

Can you also put in letter about that strange MOT garage the Dealer sent last night 

Hopefully Dealer will come with some normal proposal which I doubt. 

 

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