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


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Yes., Karma comes back.

We have sent in an extremely confrontational and aggressive letter and you have told him what you are going to do and of course he doesn't like it.

 

As my site team colleague has just said – don't get distracted by the trivia. His responses are completely predictable .

 

He seems to be offering to take the vehicle off your hands – and of course that is fine if he pays the money.

 

If you would like to do that then we will send a message. However, he will have to give security for the payment before he removes the car. Other than that I would get involved with him.
 

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I agree that he is probably lying. He won't even want to carry out the inspection that he is proposing and in fact I wouldn't be prepared to allow him to take it for an inspection unless we agree in advance what garage.

I think you've had enough inspections now. You have a failure certificate and I think that is your position.

 

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Thank you for your email today.

I've had enough inspections now and you have had enough time to deal with it.

It is quite untrue that you arrange an independent MOT and in fact the only suggestion that you made was that I telephone some completely unknown person who apparently provides some kind of mechanics service.
I've already pointed out to you that this is completely unacceptable. I'm not going to go over the reasons why again
The car displayed serious faults only six days after I bought it. It's clear that the defects exist and under the Consumer Rights Act the courts will accept that the defect existed even when you sold it to me. It is clear that you have committed an offence under the Road Traffic Act by selling me a car which is in unroadworthy condition and you could be certain that when I have the judgement from the County Court which confirms that, a copy of the judgement will be sent to the authorities for Leicester and we both know that they will be very interested in taking action against you.
It now has an MOT failure certificate and therefore it cannot be driven.
If you are prepared to take the car back then I am happy to let you take it but it will be on condition that you  organise collection and also because I do not trust you, you will have to make a satisfactory arrangement to make a payment of the full purchase price before you take the car away.
The best solution would be that you make a bank transfer into my bank account. If you have some other suggestion to make then let me hear it.
There are no other circumstances under which I would let you take the car away.
I have provided you with all information and I have also given you the timescale in which I shall be taking my own action and eventually that will include issue you with a court claim.

I've already said that I am not prepared to get into any further discussion or negotiation with you.

 



 

 

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Thanks.

Well if it's true then it's good news. Frankly I doubt whether it's true but if it is true then at least that will be the end of the road and threatening messages and there will be proper communication and hopefully they will get some sensible advice about what to do.

Don't reply to it. No need to reply.

Mind you, there are one or two services on the Internet which apparently are meant to help the used car industry. They write crappy letters and try to cite the law to you. You may get one of those. I don't know if it cost them anything – but anyway, whatever you get, post it up here and don't worry about it.

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Don't worry about legal language. Stop worrying. I have a sense that you are already going into a panic.

As I said, if a proper solicitor starts dealing with it then it would be excellent instead of dealing with cowboys

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Reply with exactly this message:

 

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Dear Trade Association of Which German Car Shop Are a Member,

Somehow, I don't think so.

Tick-tock tick-tock…

 

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Yes, and Darren Fletcher is a newbie and has been there only since last year.

It's exactly what we imagined – and yes, they are absolutely wrong to describe themselves as a trade association.

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