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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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Bankfodder , can you add in letter that if dealer prepares to pay costs for  the estimate repairs I may consider to end the matter with him  and not taking further despite his behaviour.  As like some dealers do when faults appear just after purchase within 30 days 

 

Edited by Aga.misia
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Good afternoon.

 
at 18.06 on Sunday we spoke over the telephone and you assured me you would not be taking your vehicle to merc tech. You stated on the telephone conversation that you would be taking the vehicle to another mot garage for an independent mot and inspection. merc techs report can not be considered independent because you know the technician on a personal level and he has already confirmed this to us over the phone.  I stated I would be taking the car to an independent mot garage and i booked an appointment for this, (stated in my previous e-mail). you missed the booking and you took it to merc tech besides advising you would not. your claim that you will only allow the car to be inspected by someone with acceptable credentials is strange. you know nothing about the garage or the mechanic, neither have you ever met them. we have the right to inspect and if we choose a particular garage to inspect the vehicle, why should you have a problem with that if you have nothing to hide?
 
Your mot/inspection of the vehicle was not done independently as you stated it would, therefore we will be inspecting the vehicle ourselves at a registered independent mot testing station. (you will receive a full report on this) We will collect the vehicle ourselves and have it checked. if the vehicle has failed on its brakes as you stated. Then we will replace the brakes.
brake pads and discs are £158.60 labour £60, a total of £218.60. The tyres will not be replaced as they are currently road legal. To sum up our stance, we will repair any mot FAILURES and ensure the car is road legal. we will not be paying £55 an hour for your garage to investigate a vibration, we can look into this ourselves if a fault exists. We will not be paying you £698 to repair the vehicle as this cost is massively exaggerated and it would be cheaper to repair it ourselves. we have the right to repair it ourselves, and we will if it is a repair that you want. We have already offered a take back. and if you want to go down that route, we will be happy to accomodate subject of us inspecting and confirming the faults ourselves. Any work carried out on the vehicle will void any claims made. We do not allow other garages to carry out repairs unless we have authorised it first.
 
to sum up our stance. 
 
Here are your options.
 
free repair of any MOT FAILURES subject to inspection by ourselves. 
 
Take back of the car (subject to inspection by an appointed independent mot garage AND ourselves)
 
£300 as a good will gesture to end the matter.
 
I look forward to your reply. 
 
Kind Regards.
 
german car shop.
 
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I m so angry , why he still claim I know technican on personal level ? Why he  keeps lying ?  He cant get away of accusing me of this ! I dont know any technican on personal level . But he probably knoes that dogdy non exisisting  garage he wanted me to go . 

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Thank you for reply.

I want get rid of the car but He is probably lying , he will take car for so called inspection and leave me without car and come back and decided he is not taking it .

He offered me on sunday 5000 pounds for me taking car in such bad brakes  to him obviously without me having MOT. MOT failure no car accepted. He is absolute liar. 

I could only maybe  accept 500 pounds compensation to end the matter but not 300.

I wish he pay me 300 f so called goodwill gesture and I could still carry on  sue him for rest repairs but thats not possible ? 

I want him to fall in his own hole . 

Can I report him to Autotrader ? 

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Thank you BankFodder , your help is pricless 

I have now passed this case on to my solicitors.

They will be in contact with you from now on and you can deal with them.

Best wishes and kind regards.

He is getting clever now

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Dear 

We are a trade association of which German Car Shop are a member.

 They have passed us this case to deal with.

 I appreciate that you have requested a response by 25 June but your correspondence raises a number of points which we are investigating.   However, we recognise the importance of this matter to you so will endeavour to provide a substantive response as soon as reasonably possible. 

 Please take no action without reverting to us first.

 Kind regards

 

Darren Fletcher

Legal Advisor

01480 455500

[email protected]

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