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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
      • 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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Problems with Mobility Scooter CareCo / Drive DeVilbiss @UKDDH - burning smell 18mts in


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On a brief reading of the warranty, it seems that the manufacturer is accepting responsibility for defects that occur within the warranty period.

You have a duplicate set of rights. Under the Consumer Rights Act the supplier is responsible for defects other than those which are caused by wear and tear.
The responsibility and years from the date of sale and for a reasonable period of time depending on the item, the use to which it is put et cetera.

You haven't told us how much it cost you.

On the basis that the manufacturers warranty is for two years anyway – and in some respects for three years, we can certainly say that the scooter should last much longer than that.

Let us know what Drive say. On the basis of what you have said, both of these companies are in the frame and you could claim against both of them.

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How long ago did they refer you to Drive?

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I suggest that you send a further letter to the supplier. Don't forget that they have primary responsibility under the consumer rights act.
The warranty responsibility is really just a bit of an "add-on".

Tell the supplier that you have taken their advice and contacted the manufacturer and it is now almost 3 weeks and there has been no reply and you are without your mobility scooter and this is very serious.
Remind them that they have responsibility under the consumer rights act and you want to know immediately what steps they propose to take to effect proper repairs, failing which you will have to seek some independent repair source and you will look to them for full reimbursement.

Tell them that not only must they inform you as to what arrangements they are making to have the scooter repaired but also they want to know when that will happen and also the timescale.
Make it clear to them that you will not accept being deprived of the scooter for any extended and indefinite period of time. You want firm delivery dates. Point out to them once again that you have already been without the scooter for a considerable time and you're not prepared to accept open-ended arrangements.

I suggest you post up a draft letter here

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  • BankFodder changed the title to Problems with Mobility Scooter CareCo / Drive DeVilbiss @UKDDH - burning smell 18mts in

Fine. Send it

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Sounds good.

Please keep us updated and let us know if it all goes to plan and if that solves all of the problems

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