Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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 
        • 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
        • Like

Big Motoring World bluebell hill ST68 ZXR


Recommended Posts

You must assert your right of rejection now. Don't waste anytime.

Send them an email saying that you are invoking your 6 months right to rejection And you are giving them one opportunity to repair the problem and if they decline or if they fail then you want to know what they're arrangements are for collecting the car and refunding you your money.

Do this now. Don't hang around.

Come back here when it's done and post a copy of what you have sent.

Do it by email. Send a copy by post.

Link to post
Share on other sites

I had thought that we were going to see a copy of your letter of rejection.

Link to post
Share on other sites

  • dx100uk changed the title to Big Motoring World bluebell hill ST68 ZXR

Yes, sorry. I gave the letter a like but was rushing around using a telephone and didn't pay enough attention.

It is neither a letter of rejection and nor is it a letter of claim. Falls somewhere between the two.

Yesterday at about 2 o'clock I did say that you should write a letter of rejection and that you should do it immediately and don't waste any time.

We are now Friday evening and as far as I can see, nothing has been sent but you are waiting for some input from your son.

I think it is all rather more serious than this and you shouldn't let time slip away from you. Your six months expires on Tuesday – but I don't like cutting things fine.

You can be certain that Big Motoring World will exploit any technicality to frustrate you.

 

Link to post
Share on other sites

Could you tell us where the template came from please.

If it came from this website then I would like to remove it.

I'm not sure how it got there

  • Like 1
Link to post
Share on other sites

31 minutes ago, ond123 said:

The template link is being shared in the bmw complaints group on Facebook, it’s a www.which.com link 

I expect that you are going to feel that what I'm going to say now is a little harsh. It's for your benefit but also others who visit this forum and this thread.

We are volunteers. We do everything for nothing. We help you and others who come here very enthusiastically and very quickly with very positive and directed advice.
The people who put templates together at Which magazine are paid. They don't follow through. There are simply models which people copy down and use which will mindlessly. If those templates then find their way onto Facebook, they find their way to a group of people who are well-intentioned but frankly lost.

Dealing in a forum format is already difficult enough because there is the to and fro and asking questions and the time taken for people to respond back.
If you are taking advice from Which magazine or if you are still taking advice from the Facebook group and I suggest that you keep with them until you feel that they are no longer helpful to try and ride two horses at the same time is confusing for you. It is also confusing for us because we are giving advice and then we don't realise that you are actually taking advice from somewhere else and trying to stitch the two together.

There are other people who come to this forum who aren't taking advice elsewhere and we can dedicate our time to them.

We aren't in competition with these other organisations but we don't want to have our time wasted because we got lots of other things to do.

You have retrieved a third or fourth hand template which we have already pointed out doesn't fit the purpose of what we are trying to do. In fact it doesn't seem to address any purpose at all but it is simply wasting everybody is time and brought you even closer to the deadline for filing a letter of rejection without ever actually having done so.

I'm also getting very worried about this because you are apparently doing this on behalf of your son.
Where is your son?
Not only are you o are a you what I was using thirdhand templates but it seems that we are doing this thirdhand on behalf of somebody who is actually the person who got himself in trouble and yet his dad is trying to sort out the mess for him.

If this goes to court – and it may well do, then it will be your son who will have to bring legal action. It will be in his name. It will be he who has to complete the forms and be in control of the situation.
if it goes to trial – although this is most unlikely – it will be your son who has to sit in court and understand exactly what he is doing and understand the history of the process that we have helped you with so far.

Bringing a claim in the County Court at the small claims level is not at all difficult but one has to at least have understood how one got there and to be able to perform reasonably confidently in court.

I think it would be helpful to everybody if your son started to get involved and take responsibility for this and I think it will be helpful to everybody if you made a decision that you are going to take advice from this forum or you're going to take advice elsewhere and stick with that.



 

Link to post
Share on other sites

I have looked at your letter of rejection. It's a bit verbose but it will do.

Also, by having mucked around with this letter and delaying it, you're pushing the reasonable date for action by them onwards, at the moment I suppose the sixteenth is a reasonable deadline if you take much more time about this then you're going to have to change that deadline .

These delays are unnecessary.

Once again, as I said in my previous post, you may think that I am being harsh – but you are dealing with a lot of money here. You are dealing with a company that is extremely unpleasant to deal with. This is a serious matter and it is to be taken seriously. This is not a Facebook group any more.

I think it is highly likely that you will eventually have to begin a legal action. Does your son realise this?

Link to post
Share on other sites

Yes

  • Thanks 1
Link to post
Share on other sites

Yes, both why not. They will ignore it anyway. The whole objective here is to get the things with the door and so you can show that you have rejected and that you have evidence to support this.

Hopefully you have finally got round to sending the letter of rejection.

I think we now need to address the warranty. We will deal with the vehicle and the warranty – separately but in parallel.

I think it would be helpful if you would start a new thread, please.

I suggest that you call it something like "Big Motoring World – Wish to Cancel the Warranty"

Then please tell us a bit about the warranty, dates, money paid, have you used it, what has been said about it, what your understanding was – I'm sure you can work out all the kinds of details that we need so that we have a complete understanding and don't have to waste time asking you questions.

Also, I suggest that you have a look at this thread which is very relevant to your position.
I have put a link to your thread on that story so they can also refer to you.
 

 

  • I agree 1
Link to post
Share on other sites

Please have a look at the topic which I have linked above in respect of the evidence that you will need to support a challenge to the warranty.

Please let us know what you have in terms of evidence and whether you think you are ready.
Please start acquiring screenshots et cetera and post them up on this thread.

Also have a look at the letter of claim which I proposed on that thread

  • Thanks 1
Link to post
Share on other sites

Did they say literally that the rejection letter was useless? What did they actually say? And did they give any explanation.

 

Separately, we suggested that in terms of the warranty you should start a new thread. I don't think you have done this. Are you intending to do so?

Link to post
Share on other sites

Yes but they shouldn't be fixing the car as a warranty matter.

separately we should be able to recover all his money for the warranty. He needs to make it clear that he is not invoking the warranty and that he is relying on his consumer rights.
I suppose he doesn't record his calls because from the sounds of it the conversation would be very useful

Surely they didn't say that the rejection was useless – and so many words? Can you get a bit more specific detail

I expect that the situation is now that they will repair the car and they will say that it has been done under warranty which then validates the warranty.

They will also try to say that it has nothing to do with the rejection so that if the repair fails they will say that the right to return the car and be refunded does not apply. Then by the time it is all dealt with the six months will have expired.

It depends on how your son was to deal with this. If you'd rather not bother and simply carry on and rely on the warranty then he is welcome to do that however, you should understand that the rights that he has incurred by by the warranty are exactly the same as the rights that he enjoys under the consumer rights act. He has paid for duplicate rights. He has paid in advance for repairs which he is entitled to receive free of charge.

I think you had better find out what he wants to do and once again, it really would be much more helpful if he would engage directly because we are involved in some kind of Chinese whispers here

And just to add, the way this company seems to be behaving towards its customers in the way that it seems to be oblivious to the damage it does to his reputation, I think that if your son thinks that getting a repair is going to sort it out and that they will stand by their consumer obligations in the future, then he is probably being a little naïve.
I hope I'm wrong, but….

  • Like 1
  • I agree 1
Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...