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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
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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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W/Machine leaking, bought on Amazon in March this year - what now?


craigten

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Hello all.
I need to update another thread I have running but in the meantime, I must post this:
-March 2023 Purchased new Samsung washing machine

-Last week it developed a leak where the seal has a chunk missing 

-AO, who sold it via Amazon, are only offering £60 towards the £150 cost of repair (but in their early responses they stated that 'You are in luck, it is still under warranty with Samsung so they will repair it for you'.
-Samsung say that being as it is physical damage, the warranty is invalid

-A quick Google seems to suggest that this is a big problem with Samsung washing machines

-Amazon say 'You are not eligible to request a refund
Sorry, this order is not eligible for a refund under the A-to-z Guarantee because the order is too old.

What do you suggest is the best course of action I take, please?

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If goods fail within the first 6 months of delivery the fault (or whatever it is) is deemed to have been present at the time of sale unless the seller can establish otherwise.  If the seller cannot do so they must either replace or repair.  They only have one opportunity to replace or repair.  If the fault remains you can reject the goods for a full refund.  (But if after 6 months, the seller can deduct an amount from the refund to reflect the use you have had of the item)

See sections 19, 20, 23 and 24 of the Consumer Rights Act 2015 (legislation.gov.uk)

So can the seller establish that the "fault" has been caused by your misuse or handling of the machine, and that it was not present at sale?

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Thank you for that.
No, I do not believe that they can.
P.S. Interestingly, Amazon have now got involved and have set the seller, AO, an ultimatum of repair or refund. Didn't expect that!! I will update you....

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