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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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Companies without postal address


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Apparently the claim is too complicated to explain to the simple minded members of CAG (who reply, free of charge, giving up their spare time voluntarily!).

 

Good luck explaining it in a small claims track claim, then!

 

So, this leaves the OP with the fast-track or multi-track : if they then want to spend their time arguing with CAG advice they’d be better off paying for formal legal advice.

 

Perhaps they’d be a bit more cooperative if they were paying for the privilege of asking for advice but denying the advisers relevant details …….

 

It is a self-help site, but some posters don’t seem to want to help CAG’ers help them.

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Agree with @UB.

 

Since the likely track any claim would be allocated to (and the costs therein) relates not only to the value of the claim but also its complexity, this IS relevant information, even if @today seeks to disregard it being relevant.

 

Wether this then falls on deaf ears (because it doesn’t meet @today’s apparent requirements!) is another matter.

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if @today wants to disregard the advice that the details matter, and just wants a simplistic answer : they’ve been given it already.

 

(It matters not then that it is potentially wrong, given the detail being ignored might make it poor advice, as that is @today’s choice!)

 

Answer : tracing company.

Good luck, and don’t come back bleating if you waste your time and money : you had fair warning.

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Great! You can pay and then post the results to help all those others, then.

 

(Unless you are saying you don’t want to go to the trouble and cost, but are happy for others to do so for YOUR benefit).

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