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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
      • 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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Acer poor service and lost laptop ***Resolved***


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What was the cost of your laptop when you bought it?

What make and model was it?

Did it contain any data?

Did you suffer any other losses such as the cost of returning it?

I understand that you have been without a laptop since May and that the current situation has been going on since the late October.

You haven't indicated whether it was correct that you return it with a non-standard charger.

Also, you have been with us for for a long time and I don't understand why you submitted to a warranty repair in October when you were still within your six months and could have asserted your rights under the consumer rights act.

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Do you have evidence that you drew their attention to a different charger after the initial return?

If you had asserted your six-month right to reject under the consumer rights act then you could have given them a single opportunity to repair and failing which claim a full refund.
Unfortunately you are now outside the six-month window and so you have lost the opportunity. It's a shame because it was unnecessary.

You had five months use from it so strictly speaking, you would be entitled to a refund of the purchase price less a proportion representing five months of the expected life of the laptop. You would have to do research to find out what that expected life might be.

I don't think they are entitled to offer you a lower priced laptop even if it is equivalent spec – because we aren't talking here about a laptop which has failed to wear and tear, we are apparently talking about a laptop which has been destroyed in a fire which must have been as a result of their negligence.

I think it would be reasonable to start claiming the full purchase price of the laptop and maybe be prepared to give up a small part of the value – say 50 quid.

Are you really saying that being without the laptop for getting on for two months has posed no inconvenience or no loss?

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If the equivalent laptop which they are offering you is new then the most straightforward solution might be to accept it. However if it is used or even refurbished then I would say definitely no.

If you are going to accept their offer then I would stipulate this in writing

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I don't see why you are asking them for details of their contact point for SARs. You don't need any of it. You simply make an SAR request and send it to their address. They are then under an obligation to make sure it gets to the right place.

Every time you ask for something like this and you have to wait, all you're doing is ceding control. If that is what you like doing then you are doing it pretty well

 

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Well done – and thank you very much for letting us know.

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  • AndyOrch changed the title to Acer poor service and lost laptop ***Resolved***
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