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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.
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      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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Music magpie returned phone lost after using their supplied royal mail label


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Hi guys 

Had a phone returned using royal mail "their returns label" supplied by them and tracking proof receipt from post office shows as delivered on the 13th.

They are saying they can't find it in their warehouse etc and needs to investigate. 

Well it's not my issue I've done everything that was requested all returned as it should have been. 

They are making me wait this is not on 

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I'm sure we can help you if we could understand the story.
You need to tell us what has happened in a bullet pointed chronology including details of item, value, dates – et cetera et cetera. Reason for return blah blah blah. Just as much detail as necessary so we don't have to ask you for any more and we don't have to guess.

 

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Purchased phone : 7th August

Returned: under their 14 day returns policy on 11th August using their returns label they sent royal mail. 

Tracking: says delivered on 13th August. 

Now they are saying not received it... Need to investigate it's been 10 days and it's not my responsibility for their service losing it I need my refund 

 

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  • Nicky Boy changed the title to Music magpie lost phone

I did asking for details of the item lost – you haven't supplied this. All the value – you haven't supplied this information either.
Presumably you bought it online. How did you pay?
Also, what was the reason for the return?

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  • dx100uk changed the title to Music magpie returned phone lost after using their supplied royal mail label

Mobile phone £350 though im not sure why this is relevant 

Music magpie mate it's online only 

It's 14 day return if you not wanted again why is this relevant.?

Its lost and not my fault 

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You haven't addressed my question as to your payment method – but I'm assuming that it was using a debit card. Have you tried asking your bank for a chargeback? This will be the easiest thing to do. The next thing would be to issue a letter of claim and then begin a court claim.

Try the chargeback first. Your bank won't like it but as you have evidence that it was delivered, then under the distance selling rules contained in the Consumer Contracts Regulations you are entitled return the items within 14 days for a full refund. There is not a matter of music magpie policy. This is a matter of law

WWW.LEGISLATION.GOV.UK

These Regulations implement most provisions of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of...

Then you should insist with your bank that they refund you under the chargeback rules. If they cause any difficulty then tell them that you are beginning a complaint which you want to send to the ombudsman.

Come back here and let us know what happens and we can decide whether you should go to the next step or not

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