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    • Have you seen dbuk2000's result? Absolutely thrashed a PPC in a residential parking case today.
    • Evening all My wife went to view a 25,000 mile Hilux pick up at a dealers in Doncaster last week. I couldn’t go as I was at work. She’s owned a few trucks in her time, so is fairly conversant with them I’d found it for her on the web, checked out the photos, called the dealer who assured me it was ‘stunning’. It says as much in their advert I specifically asked about the underside, which he said was also excellent. After viewing the truck, my wife left a £500 deposit by bank transfer. She also transferred £335 for car tax, which was done by the dealer with a receipt to prove so. On collection two days later, I found the vehicle to be woefully substandard. Areas of damage had been repainted with a brush (!) and the underneath was plagued with serious rot. The dealer said he couldn’t refund me our deposit as the boss was on holiday and it would need his approval. He then went on to say I was a time waster, I knew nothing about vehicles, that I was being intimidating (which is utter tripe)  He added they had incurred costs getting the vehicle ready for collection - yet more guff I have since sent an email recapping the event and asking for the deposit and the tax to be refunded. We have evidence of payment by bank transfer and also a bill of sale from the garage. Needless to say we left without the truck! Can anyone please advise us from how to proceed? Thank you
    • Does it really matter? Unless it becomes explicitly relevant / needed, I'd rather avoid naming them just yet, but if it helps they are my internet supplier. But I've encountered this with several companies in the past; so it seems to be a common tactic. I'm interested in hearing a general good way to deal with this tactic, if anyone has such a thing! 😆
    • If the driver was taken ill then there is a legal term called Frustration of Contract - i.e. that it was impossible to respect the contract/overstay times due to illness. Do you have any proof of this? From  https://motorwayservices.uk/Tibshelf#google_vignette  there is a free stay period of two hours, after that you have to fork out money. Yes, contacting the organ grinder is always a good idea.  The CEO of Roadchef is  https://www.ceoemail.com/s.php?id=ceo-77835&c=Roadchef Motorways-CEO  Lay it on thick about the illness, attach any proof, and request they have the invoice cancelled..  
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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