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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.

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      Many thanks 
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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.

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      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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The AA damaged BGPA unit in my car due to non-correct battery replacement procedure


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The AA damaged BGPA unit in my car due to non-correct battery replacement procedure

At the end of September last year I got stranded at home because of a dead car battery in my Citroen C4. I phoned the AA, of which I am a member since 2017, and they sent a mechanic to assess the situation. Following his assessment my car battery was replaced by him the same day. Following the battery replacement, I started experiencing problems with my car. The car's dashboard computer screen started - randomly - to display fault messages regarding the electrical circuit and/or the battery. The AA mechanic had suggested this could have happened because the car needed to 'reset' itself, but unfortunately with time the frequency of the messages increased.

 

I therefore decided to have it checked at an authorised Citroen garage and was given an appointment at the end of January. The diagnostics report, issued by this independent garage, stated that as a result of not following the correct procedures when the car battery was changed, the BPGA Unit had been damaged and needed replacing. The car’s computer fault messages I had been getting were a direct result of the damaged BGPA unit.

 

The unit has since been replaced at a total cost of £695.

 

Because the Citroen garage had unequivocally concluded that the BGPA Unit could have not been damaged by anything other than an incorrect battery replacement procedure, I decided to file a claim with the AA for the sustained costs.

 

After a few weeks of email correspondence, they informed me that they will not refund me as it is their belief that their mechanic has done nothing wrong. During the email correspondence, I had asked them more than once to contact the person at the garage so they could verify my claim (this gentleman at the garage had kindly offered to have his contact details forwarded to the AA for that reason as the garage sees cars being brought in with the same problem on a very regular basis, all due to incorrect battery replacement), but to no avail.

 

By not contacting the garage and only bringing forward their side of the story, I feel the AA has not conducted a fair nor independent evaluation of the matter. I sought advice with the Financial Ombudsman, but it turns out the AA's Breakdown Service is exempt from authorisation under the Financial Services and Markets Act.

Has anyone else experienced something similar?

According to my garage, they get cases like this in on a weekly basis so there must be others out there.

How have you handled it? Any luck?

Thanks in advance for advice/replies.

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The BGPA Unit is a unit that regulates the electronic circuits in the car.

I have been through the whole claims trajectory with the AA and to no avail.

I've tried the Financial Conduct Authority but they don't fall under that.

That's why I'm seeking advice from people that might have gone through the same issue.

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