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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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National Tyres/Autocare - Faulty Repair on vehicle - want to give me the vehicle back - no time to fix it


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Please tell us about the vehicle – make model year and how long you have had it.

When did it break down?

What's the name of the garage?

What is the fault that kept occurring?

What is the new fault they have found and which apparently is part of the original problem.

Have you got anything in writing from them or any other evidence that they are saying that the whole thing would take too long to fix?

How much money have you spent on repairs with this garage?

We will talk about data breaches later

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You have been with us for a long time so obviously you have read our customer services guide and you recorded the call .

Well done .

Make sure that you keep a backup of the call recording because it will be very useful.

 

Have you had an estimate elsewhere for fixing the problem

 

 

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Why have they still got your car?

 

 

And what about the call recording? Have you got it safe

 

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It seems to be a pretty complicated situation.

Whatever happens, it isn't going to be sorted out very quickly. I can't really imagine that you are going to be able to threaten them into finishing the job.
You can't even be certain that if they do finish the job, that it will be done properly. It seems that they have already let you down at least once.

I think you need to write them two letters.

Write to them and rehearse the information that you have been given so far on the telephone and which hasn't been recorded – the problems, the work that they have done, what they think needs yet to be done and the fact that they aren't prepared to do it because it's going to take too long. Make sure you identify the name of the person who said this to you on the phone – he did get that didn't you?

Tell them that on that basis and as they are refusing to carry out any further work that you have no option but to take the car away as requested by them and to have a diagnosis and repairs carried out by a another garage.
point out to them that you are doing this under protest and that you will be looking to them to reimburse you any extra expenses that you incur for a diagnosis or for work – and in particular if the work has to replicate work which they have already undertaken.

I understand that you have the hire car problem. You will have to return this. In your letter point out to them that you are reluctantly returning the hire car because you understand that that is the only condition upon which they will return your car unrepaired and so you are doing this simply to move the matter forward as they don't appear to be prepared to cooperate in sorting out the difficulties.

Point out to them what your work situation is and that as a result of that you will be obliged to hire another car and that any expenses involved will be recovered from them and they should understand that if they cause any problems on that that you will be making it a matter of a County Court claim.

Post a draft of this letter here so that we can have a look.

Send them an SAR. Send this separately in a separate envelope so that there is no confusion. I suppose it is unlikely to contain details of the telephone conversation that you had but maybe it will. No harm in trying.

Make an immediate appointment with a proper dealership that specialises in your model of vehicle to get the diagnosis and repair. Halford's are a bit of a Jack of all trades – master of none. Always better to go to a specialised repairer, in my view.

Let us know what happens

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Have you sent this letter? I hope not.

 

 

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Please stand by for a response later on today

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First of all, your letter of claim is extremely long and contains a huge amount of unnecessary detail. I notice also that it falls eventually back into the emotive stuff.

No one wants to read all this kind of thing and frankly if you feel that you have the need to churn this kind of thing out then I suggest that you offer to buy a close friend a few drinks in the pub and spend the evening there.

The kind of letter of claim that you should be sending is sketched out below but it seems to me that you aren't ready yet to send the letter of claim because you are not back in possession of your vehicle.
I'm afraid that you will need to get back into possession of it and you will need to get a diagnostic report from another garage – preferably an approved garage for that particular model.
I have already pointed this out to you in an earlier post.

Once you do that and you get a quotation for the work then you can set about suing Halford's for the errors that they have made and the extra expense to which you have been put.

 

Quote

Dear Sir/Mdm

 

Letter of claim

on XXX date I took my vehicle model XX registration XXX to your repair centre to repair a fault which included a loss of coolant resulting in overheating.

Despite several attempts by you, the fault has not been repaired and in fact I have had to return the vehicle to you on X number of occasions for you to attempt the repair once more.
As you know, I work for the emergency services and access to a fully working and reliable vehicle is essential. You are kind enough at 1.2 agreed to loan me a vehicle and which is still in my position.

However I now understand from you that you have given up on the fault. You have informed me that you are unable to repair it or if you are able then it will take too long and you are not prepared to deal with the work.


I have now taken back possession of the vehicle and have obtained a full diagnostic report and quotation for the work from XXX garage which is an authorised repairer.
Furthermore, because of the additional delays caused by your breach of contract I have been obliged to rent a vehicle and in the circumstances I consider that this was necessary and reasonable.

The result of this is that I have been successfully inconvenience but I am particularly out of pocket to the tune of £XXX.

This sum is comprised of £XXX for the diagnostic report, £XXX for repairs and £XXX for the hire vehicle which I have been obliged to use as you force me to return your own vehicle as a condition of releasing my car to me.

I'm writing to tell you that if you do not reimburse me the sum total of £XXX within 14 days then I shall start an action in the County Court for this sum plus interest plus the cost of my claim.

Yours faithfully

 

 

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