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    • The car makers used parts made by a supplier banned over alleged links to Chinese forced labour.View the full article
    • I need to get a hamster. lol
    • Just a typo change that I'd make for the last line. Maybe also add something that says "I assume you will be fully aware that you cannot rely on a clause of a contract that you do not produce."
    • Hello, Firstly, and most importantly I am sorry for your loss. I would go back to the bank with the death certificate and ask them to step in. Remind them firmly but politely that there is no limit for DD claims   Please let us know how you get on.
    • My wife is the named person to his bank account with him having Dementia being his daughter (I say named person she still is but he recently passed away and the deputyship application has now being stopped by the solicitor as it's no longer needed) We've only just got the Death Certificate so the bank will be the next step informing them. She went to the bank and explained the situation but even being his named person the bank said she didn't have the power to stop DD without any legal documents (virgin money) was the bank. She could have copies of bank statements that was about it.
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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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Distance Sale?


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Bought vehicle from a classics dealer in late December paid in full via bank transfer.

All done through WhatsApp,

organised to be collected via covered trailer and delivered to me.

Did not visit the premises at all, all I have is a used car receipt which has the boxes ticked "Sold as seen" and "Paid in full" do not have a single piece of paperwork regarding Distance Selling Regulations 

Do I have upto 12 months to hand this car back,

what costs can the dealer take away from my refund of payment for the car? 

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"If the retailer doesn't give you information about your rights under a distance sale at the time of delivery, including your right to cancel the purchase within 14 days, then you'll have up to 12 months to cancel your order and receive a refund." 

Quoted from Motor Ombudsman 

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Cancellation period extended for breach of information requirement

31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

(2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information.

(3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.

From gov website for legislation 

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after taking delivery i found out a major service was due which wasn't completed by the dealer.

I had to get it done at my own cost.

Then 2 days ago the clutch went on a busy dual carriageway which could have caused a serious accident.

Dealer has paid for the repair but after now being informed it's a common problem I just don't want to bother with the worry.

Like i mentioned I have nothing in writing,

I have all communication via WhatsApp nothing stating Rights to cancel,

only told via a quick phone call that the vehicle comes with 3 months warranty 

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After the clutch issue my partner isn't wanting us to keep the car anymore.

Surely they would have to provide "proof" this was sent. Like postage receipts or sent email receipts?

Law is there, most dealers will provide cancellation rights.

Whoever doesnt hasn't done enough research to protect themselves 

Just wondering if to send the letter to the dealer via post or through email 

 

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Should I send an email with the letter attached, then send the letter physically after?

What's a reasonable timeframe to let them respond 

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"This will be passed to our legal team on Monday, as we have never had this before.

As what you are asking for is two months of free car rental with unlimited mileage & free wear & tear.

They will advise accordingly."

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"If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price." 

So this doesn't apply? I have travelled 1000 miles in the 7 weeks, but cos they've not given a T&C the above doesn't reply?  

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Any idea looking at legislation, when the vehicle was purchased I organised my own trailer delivery company at my own cost.

Now I'm cancelling the contract, I'm some 3 hours away from the dealer who's responsible for collecting the vehicle 

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Ah funnily enough they have just replied through email. 

"We have discussed this with our legal team, and looked at all of the information regarding the purchase of the

vehicle. Whilst you did pay a deposit remotely for the Vehicle, you had a representative visit our premises who did

inspect the vehicle on your behalf before delivering the vehicle to yourself under your instruction and paid for by

yourself. Furthermore, we confirmed through telecom amongst our many discussions before you paid the holding

fee that the holding fee was fully refundable, your representative informed you of any damage to the vehicle or

indeed if you were to change your mind and not want to go ahead with the purchase for any reason. The above

means that this sale is not classed as a ‘distance sale’"

 

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I mean the contract was already concluded by then.

They even know the delivery company as they have dropped cars off etc.

I mean of course I'm going to want to know if there's any damage on the car before it leaves them? That's normal, I did ask if he "normally" walks around the vehicle as part of his service and he said yes.

End of day they admit I paid a deposit off site, the phone call they refer to was me asking how long the warranty was. Not one mention of rights to cancel/t&cs relating to distance selling

Sent a new letter to the dealership in response to them rejecting my cancellation under Distance Selling Regs, stating the reasons why this is a Distance Sale, and even quoting the regulations and that I will issue court action if needed. And they are now referring back to the legal team ......

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Well tbh with everything I've got going on atm I didn't  fight it.... I highly doubt his legal team is going to agree with giving me all a full refund so .... 

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I want too, cos I know technically the law is on my side... But all he has to do is turn around and say legal team doesn't agree etc etc, then I've got to go to court to prove it and it could end up a right mess 

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I just sent a WhatsApp tonight saying I just want to forget the whole thing and move on so..... I've got baby due soon and other stuff going on, thought it'd be pretty straight forward but the legal team stuff worries me idk why 

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