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    • Thanks very much BankFodder, your help is invaluable and I will read through it more carefully this evening.  At this time I am not aware of any information I have left out. And thanks to jk2054, I realised after sending it about the third party rights, you are absolutely correct and I will proceed as standard BOC claim. I'll come back with any questions once I've had a thorough re-read and so I hope to get the letter emailed and posted early this week so I can start the 14 day clock. Thanks again, M
    • The original LOC is wrong. You are nothing to do with third party rights.   you placed the order on EVRi's website so there is no third party rights in it, its a standard BOC claim
    • nike pre provide the labels arguably here the easiest target is nike because they will give in very easily.  
    • @BankFodder have you seen the first paragraph of this defence on the name. Am I missing something?
    • TBH: it does matter whats asked of you. you goal here is not one of denial nor say incorrect/missing paperwork, which is the usual reason to refuse mediation when they ring 9/10. you goal here is to achieve a consent order. i would pers outline this ASAP to the mediator so you dont waste eveyones time. have a figure in your head £PCM that you are agreeable too, halve it, then offer that, but be prepare to jink upwards slightly toward you org £PCM figure. do nOT be bullied stick to your guns. if it doesnt look like your £PCM is going to be accepted, then close mediation and await it to be allocated to a judge, as he wont be too please lowell refused the consent order over £5/10PCM more. have you done a budget sheet? dx   dx  
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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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Big Motoring world - Puddle in footwell the next day after purchasing


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Hi, 

I hope I'm okay to post this here. I am looking for some advice. 

I purchased a car on 27.04.24 from Big Motoring World Enfield the car is an MG ZS 2022 Reg, I paid £11,200 for the car, £299 admin fee and £1650 for 36 months extended warranty. I used a debit card to pay. 

After purchasing the car I drove it home and parked it on the driveway.

It rained quite heavily overnight and in the morning on 28.04.24 I got in the car and found a huge puddle in the passenger footwell.

I took photos and a video.

After some investigation from myself I have found the water comes in from the windscreen into the inside of the car on the left and pools into the footwell.

I called Big Motoring World immediately but they were closed as it was a Sunday.

I emailed them an attached the pictures. 

I have followed up with the this morning but am yet to hear back. 

After reading reviews and this forum I now feel uneasy about keeping the car even if they are able to fix the leak as I'm worried about future problems arising.

I wanted to know if this would be classed as a defect to be able to request a refund?

Appreciate any advice! 

Thanks 

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Hi Pinkyz44.

Welcome to CAG.

You should absolutely be asserting your short term right to reject on the vehicle.


It would be best to get an independent inspection done on the vehicle also, are there any glass repair/replacement companies near you that can look at this?
 

We could do with some help from you.

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Posted (edited)

Hello,

Thanks for the advice.

I asserted my rights to reject and they accepted it and said they will refund me the full amount. 

My question now is how long do they usually take to collect the vehicle? I've made it clear that I'm available for them to collect it whenever and I've been told its been passed on to the collections team. I chased it up today as its also raining heavily at the moment. 

I just wondered if anyone had any experience on how long they usually take to collect? I'd obviously like it collected as soon as possible as I need to purchase another car. 

Is it likely they will drag on the process of collection and what can I do if they do? 

Thanks!

Edited by Pinkyz44
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good news you won!

i cant see them taking more than a week if less.

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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  • dx100uk changed the title to Big Motoring world - Puddle in footwell the next day after purchasing **WON**
  • 3 weeks later...

Wow, £1,650 for 3 years warranty, their cost would be in the region of £200 per year, im being generous there and that would include breakdown cover etc.

Insurance backed warranties aren't as bad as people often state.

The problem is lack of understanding what is covered and customers often thinking (or being told) they 'cover everything'.

To be fair i doubt the retailer would have been aware of the water ingress beforehand.

Its fairly common on used cars and on some models im surprised if they dont have a leak in the usual place. That would be why the previous owner got out of that particular car i imagine.

The ingress doesnt usually cause any post repair issues, i've never had a vehicle come back with secondary problems but i'm sure it happens.

If its an Aygo they dry out within a couple of days, if its a BMW with underfloor speakers and control modules thats where the fear sets in.

The sales assistant made their commission that day for sure........

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  • AndyOrch changed the title to Big Motoring world - Puddle in footwell the next day after purchasing

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