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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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Big Motoring World refuse to provide refund and honour Consumer Rights Act 2015 **Refunded**


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Write to them immediately. Send the letter by email and also by signed for delivery.
Tell them that you are asserting your rights under the Consumer Rights Act 2015 and that a defect is materialised in the car within the first 30 days of ownership and therefore you are rejecting the car and you want to know what the arrangements are for receiving your refund and returning the vehicle.
Tell them that you expect them to be responsible for the return of the vehicle and that if you are put to any expense that they will reimburse you.

You must send this letter immediately and confirm here that has been done.
You should send this letter even if you prefer to keep the car because at least you have reserved your position.



I understand that you have paid the £15,000 by debit card. Phone up the bank begin the chargeback process. The bank won't be happy – but they obliged to do it.
Read our customer services guide. Record the call if you can and certainly get a reference number for the conversation and the chargeback.

Write to big motoring world separately and tell them that you have rejected the vehicle and that as they are causing problems over it you are already in contact with your bank to arrange a chargeback.

Is the vehicle MOT? Did it come with a brand-new MOT?

Separately, do you want to keep the car or do you want to get rid of it?

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No, the letter is wrong and you aren't paying attention to the post that I have made advising you about the letter you should be writing.

Also, "breaks" is spelt "brakes" (done above - dx)

Post it up again please

I have just realised that in your first post you said that you bought the car on 4 August 2023 – yet you say that you have had it less than two weeks.

In your second post, you said that you had bought it in September.

Can we get your story straight please before we help you

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8 hours ago, Exampleexample said:

 


Dear Big Motoring World,

Notice of Rejection Vehicle Registration XXX

I am writing to formally assert my rights under the Consumer Rights Act 2015 regarding the car that I purchased from your dealership on 04/09/2023, for which I paid £16,000.

Within the initial 30 days of ownership, a significant defect has materialised in the vehicle, specifically related to its brakes.

Initially, the brakes emitted a squeaky sound when applied slowly, but more alarmingly, they now produce a pronounced thumping noise whenever the car is in motion. Due to the severity of this issue, I had to arrange for the vehicle's recovery to my home over the weekend.

Upon professional advice, I was strongly cautioned against driving the vehicle further. Consequently, the vehicle will be transported from my home address to an authorized garage so that a comprehensive diagnostic report of the issues can be obtained.

Under the provisions of the Consumer Rights Act 2015, it is explicitly stated that goods must be accurately described, fit for their intended purpose, and of satisfactory quality. Given that your dealership is in breach of this contractual obligation, and considering that the defect materialised in the car within the first 30 days of ownership, I therefore am rejecting the car and requesting a refund in accordance to my statutory rights.  

Therefore, I kindly request that you provide a prompt response within 14 days, Please will you respond without any delay, clearly outlining the process for receiving a refund and the arrangements for facilitating the return of the vehicle.

As required by the Consumer Rights Act I expect Big Motoring World to take full responsibility for coordinating the return of the vehicle. In the event that any expenses are incurred by me during this process, I anticipate that Big Motoring World will promptly reimburse me.

I trust that you will handle this matter with the seriousness it deserves, acknowledging my rights under the Consumer Rights Act 2015, and promptly addressing the refund and return of the vehicle in accordance with the law.

Yours sincerely,

if you're happy with these amendments then send it off immediately.

You will notice I have removed your 14 day deadline. I suggest that if you don't receive a positive response by Monday that you issue letter of claim.

On the matter of the claim, you would be claiming for £16,000.

The small claims limit in the County Court is £10,000. If you sue somebody for less than £10,000 then if you lose, you don't have to pay the other side's costs. If you win then you will recover your own costs of the claim but you won't recover any lawyer's costs.

If you have for more than £10,000 then you move away from the small claims track the new move on to something called the Fast Track. If you lose a fast track case you then become liable for a certain amount of the cost of the winning side – including their lawyer's costs et cetera.

You need to be aware of this because if you are suing Big Motoring World on this issue, your claim will go to the fast track.

On the other hand, on the basis of what you have told us, your chances of success are pretty well 100%. They will then be liable for your costs and if you do it yourself – which we will help you do then you will be able to recover your litigant in person costs which it currently is about £18 or £19 per hour – I am not sure which.

If you have questions about this then please let us know.

You should start keeping a detailed note of all the time you are spending on this. Including learning about it. Visiting the forum. All of the expenses you are incurring because if you bring the case – then when you get the judgement in your favour you will add these costs but of course you will have to show the judge a detailed account of everything you have incurred and the time you have spent so that the judge is certain that you are simply making a money grab.

Please ask us any questions you might have

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Yes. Any update on this please

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This is excellent news.

Well done and well done for your persistence.

Are you out of pocket at all? I can tell you that the agreement not to pursue legal action is not binding – although was that put into writing or not?

They were obliged to take the car back anyway and you can only bind somebody into a promise if they do something over and above what they were bound to do anyway.

If you are out of pocket then we will help you recover that money. There is no reason that you should suffer here at all and it will benefit a lot of other people if Big Motoring World start to understand that people will stand up to them.

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  • BankFodder changed the title to Big Motoring World refuse to provide refund and honour Consumer Rights Act 2015 **Refunded**

Thank you for this.

Again – well done.

And for anybody else who reads this, the agreement not to pursue legal action in the circumstances is unenforceable.

We would be happy to help anybody bring a claim for additional losses even in the face of an agreement not to pursue legal action.

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