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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 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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Defective Car - The Car Corner Rochdale in Liquidation?


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I am writing on behalf of a friend so do not have all the information but any help on the following would be appreciated.

I was looking to help in preparing SARs and a Letter Before Claim to recover costs incurred due to gearbox issues on the car (Fiat 500L Auto) which have now been repaired at not inconsiderable cost following the direction of the selling garage and the warranty company (RAC Warranty through Assurant). 

However, before preparing the documents I did a Companies House check on the garage to determine who to address the SAR and discovered that they seem to be in liquidation.  As such can anyone advise me on the following:

  • As the sales invoice did not have any reference to there being a limited company (other than a possible reference in an email address) can a claim be brought personally against the selling dealers
  • Can any claim be brought against the warranty company to recover costs that would otherwise be the responsibility of the dealer if the dealer is no longer trading as the car would not have been bought without it being sold as assured by them (although they have since denied this) 

Any help would be greatly appreciated.  It was so frustrating that my friend was sold a car that turned out to be dangerous just after the rejection period and ended up without a car for 6 months due to abdications of responsibility by the garage and warranty company.

Thanks in advance

A n d r e w

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If they haven't identified the business correctly and that they are a limited liability company then technically speaking you should be able to – but we said that the courts are reluctant to "pierce the corporate veil".

You say there is a warranty. Was that warranty purchased or given at the time of sale? Has there been an attempt to claim on the warranty?

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Thanks for the advice.

Interesting about the company and the fact that they have misdescribed themselves - I will see if the buyer is willing for me to post a redacted version of the invoice up hiding any details that could identify them 

The warranty was included with the car and there has been a claim made on it but this has not covered the cost of the repairs which were covered by two garages on two separate invoices when the first one, directed by the warranty company, were unable to complete the works and the car had to go to a main dealer to be made safe and drivable without being returned.

The aim is to understand what, if anything, could be worth pursuing or if there is just a lot of swearing and stamping of feet on this end and it's written down to experience.

Not nice when someone is sold a dangerous car.

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