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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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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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    • 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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NORTHSIDE CAR & COMMERCIAL LTD - DONCASTER Dealer being awkward refunding deposit **Settled**


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Evening all

My wife went to view a 25,000 mile vehicle at a dealers in Doncaster last week. I couldn’t go as I was at work. She’s owned a few trucks in her time, so is fairly conversant with them

I’d found it for her on the web, checked out the photos, called the dealer who assured me it was ‘stunning’. It says as much in their advert

I specifically asked about the underside, which he said was also excellent.

After viewing the truck, my wife left a deposit by bank transfer. She also transferred £money for car tax, which was done by the dealer with a receipt to prove so.

On collection two days later, I found the vehicle to be woefully substandard. Areas of damage had been repainted with a brush (!) and the underneath was plagued with serious rot.

The dealer said he couldn’t refund me our deposit as the boss was on holiday and it would need his approval.

He then went on to say I was a time waster, I knew nothing about vehicles, that I was being intimidating (which is utter tripe) 

He added they had incurred costs getting the vehicle ready for collection - yet more guff

I have since sent an email recapping the event and asking for the deposit and the tax to be refunded. We have evidence of payment by bank transfer and also a bill of sale from the garage.

Needless to say we left without the truck!

Can anyone please advise us from how to proceed?

Thank you

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Some advice on buying a used car - General Consumer Tips and Guidance - Consumer Action Group

opps paid by bank transfer 1st big mistake. Little or no protection via your bank in getting that back.

2nd is you've not named the dealer..why?

3rd big mistake , they now have the truck too..big bargaining chip gone there.

have you invoked your right in this email to reject the truck quoting the consumer rights act?

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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NORTHSIDE  CAR & COMMERCIAL LTD - DONCASTER

WWW.NORTHSIDECARANDCOMMERCIALLTD.CO.UK

Thanks for your response DX. Much appreciated

 

Yes, bank transfer not ideal. I suspect the dealer knows this.

Not sure how not taking the truck is a ‘big mistake’. I’d have paid more  to take it and been left with a truck I don’t want …

My letter didn’t quote consumer rights act. If I haven’t received a refund within 7 working days from the date on the email, then I’ll go through the Small Claims Court

 

 

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  • BankFodder changed the title to NORTHSIDE CAR & COMMERCIAL LTD - DONCASTER Dealer being awkward refunding deposit

Send them a letter of claim straightaway. No point hanging around. Given 14 days in the letter of claim and if they haven't paid you by then, issue the claim on day 15.

The amount of time is more than adequate for them to get going.

Post your draft letter of claim here. A look at. Then log onto the MoneyClaim website and start preparing your claim and post your particulars of claim here for us to have a look at.

Don't bluff. No point in it.

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  • BankFodder changed the title to NORTHSIDE CAR & COMMERCIAL LTD - DONCASTER Dealer being awkward refunding deposit **Settled**

An excellent result. Well done

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