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    • Yes typed it, how would I input it any other way, probably timed out took over half hour. H
    • You typed it in? actually typed it all out? if so, maybe you took too long or something, like session timed out. Does the status show defence filed or no change?
    • Hi just typed all defence clicked next and it's deleted all. Any help
    • I forgot to say, there is one last possibility and that is that they will receive your letter of rejection and simply fold, accept the rejection and refund you. Don't wait too long for this. Seven days maximum – but in that seven days you could send your letter of claim anyway and when that you don't hear from them or when they start mucking around at least you are seven days closer to beginning the legal action – and they will know it (which is the important thing).
    • Okay that is excellent that you have an email between the garage and the warranty company confirming that there is a serious problem with the gearbox. That is very powerful evidence. I think the situation is this: you have sent them a letter of rejection but the reputation of big motoring world is that they won't take a lot of notice and they will try to prevaricate and maybe even blame you. Clearly you don't want the car any more and anyway it sounds as if the cost of repairs is going to be enormous. You don't know if the warranty company is going to step up to the mark but the whole thing is going to take a long time and I understand that you have lost confidence in big motoring world because of this event and also their reputation which you are now discovering on Facebook and on this forum and no doubt elsewhere. On the basis that you don't want the car any more and you want your money back, you need to hurry things along. I think the first thing is that you need to decide if you are prepared to bring a claim in the County Court. Even without the warranty money, the claim is worth more than £10,000. For actions less than £10,000, you bring a "small claim" and this means that even if you lose the case you won't be liable for the other side's costs. If you win the case then not only will you get your money plus interest but also you will recover all of the costs of the action. For actions more than £10,000, you go to something called the "fast track" and in the event that you lose the case, then you could be liable to reimburse the winner some of the costs. This means that in addition to not recovering your own money, you would lose your own court fees and also you would have to to bear the costs of the other side probably something less than £5000 – but as a rough guess. If you bring your court claim then your chances of success are almost 100%. Frankly if you brought a court claim then I can imagine that big motoring world will put their hands up and pay you out rather than face go to court and losing and getting a judgement against them. However, it you need to consider that this is a risk factor – although my view it is a negligible risk factor. If you did bring a court case, it wouldn't be instant. If they put their hands up then it would probably happen very quickly. If they didn't put their hands up then you could take anything up to a year for the matter to be resolved and during that time you would be without your car and without your money and in the middle of litigation. I'm explaining this to you say that you understand how it works. Bring a court case would be really the last resort when everything else has failed. However, I'm quite certain that you would win and it would be stupid of big motoring world to try to resist. In order to bring a court case you would have to send a letter of claim giving them 14 days to accept rejection and organise the refund otherwise you would begin the claim. Don't imagine that you could bluff this. If you did send a letter of claim then you would have to go through with it otherwise you lose all credibility and you might as well pack up and go home. So with this in mind, here are possible courses of action you could take. You can simply wait and see what their reaction to your letter of rejection will be. However they may not reply or else they may find some other reason to delay and of course during that time you will be without your car and without your money blah blah blah, not knowing if big motoring world were going eventually to start acting sensibly and respectfully towards you. The second thing you can do – and I think this has been suggested on Facebook – is that you can go along there and simply make yourself present and talk to other customers and generally speaking make a nuisance of yourself and embarrass them to the point where you would be explaining to other potential customers to be careful, to look on Facebook, and to do some careful research before they put their business to big motoring world. This has a reasonable chance of success although you would have to be careful. You should go accompanied by a friend and there should be no anger, no arguments, nothing that could be considered as being overly aggressive so that big motoring world would have no justification in kicking you out or even worse, calling the police. If you did this, then I would suggest that you record everything on the telephone carried in a pocket. A fully charged battery will probably keep a voice recorder and a telephone going for more than 20 hours or 30 hours. The other person can video any incidents so that everything is clear and you can inform big motoring world then it will be going up on the Internet. If you did this, my favourite option would be to issue the letter of claim giving them 14 days, and then going along to big motoring world with a copy of your letter of rejection and a copy of the exchange between the mechanic and the warranty company and a copy of your letter of claim – all settled together – and probably about 20 or 30 copies in all and I would start handing them out to any customers who came in. Big motoring world will soon get the picture and they will either move your the premises in which case you stand outside and carry on doing it or they will finally give in. Of course there is a chance that they won't give in and they will simply call your bluff – but in that case I think you have no choice other than to follow through with your 14 day threat in the letter of claim and to begin the legal action. At the same time you should be putting up reviews on Google and also trust pilot explaining exactly what has happened and also explaining that the mechanic has confirmed to the warranty company that there is the serious problem, that you have asserted the right to reject and that this is been ignored by big motoring world and that you have now sent a letter of claim and that you will be starting a legal action in 14 days. Once again, don't bluff about the legal action. If you threaten it – then you must mean it – and on day 15 you click of the claim. You don't need a solicitor for any of this. It's all fairly straightforward and of course we will help you all the way that it the decision is yours to make and I think you need to make it fairly quickly. I think the cost of starting an action for about £13,000 is 5% and then also if it goes to trial which I would say is almost impossible – there would be an additional fee. You would claim interest at 8%. A judge might award a lower figure but frankly if you can show that big motoring world is attempting to ride roughshod over your very clear statutory consumer rights, I can imagine that the judge will want to show displeasure by awarding the full 8% which is a pretty good rate – even though it's not compensation for the hassle and the distress you are going through. If you decide to get solicitor, then if you win the case, because it is over £10,000 you will recover some of your costs but you won't recover all of them. If the solicitor begins by having exchanges of letters then I doubt whether you will be up to recover the cost of those and you could easily find that you're chalking up 500 quid or even a thousand simply on initial exchanges of correspondence. Also you need to bear in mind that if after having exchanges with a solicitor, big motoring world cave in – then you definitely won't get those costs back because you won't have gone to court and therefore a judge will not have made the order for payment of those costs. I suggest very strongly that you avoid paying any money for a solicitor and that you do it yourself. It's not a big deal – although you will have to you react quickly to the help we offer on this forum. Also, an additional benefit is that you will learn a lot and you will gain confidence and eventually you will feel good about suing anybody else who gets in your way. Nothing not to like! If you do decide to instruct a solicitor then you must take control of the solicitor. Most of them prefer to sit in an office writing letters on the clock. If you do decide to instruct a solicitor then you must instruct the solicitor very firmly that they should send one letter of complaint giving seven days. A second letter – a letter of claim giving 14 days and that they must then begin the action. If you don't do this. If you don't take control then it will simply cost you money, you will be without your car even longer and of course without your money. The whole thing is a nightmare. I think I've laid out the options but please do ask questions. I hope you can see that this is the kind of advice that you won't be getting on Facebook. Nothing against Facebook. It's good as a meeting place and to make people realise that they aren't on their own – but after that the advice given is weak and confusing.  
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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 Leeds


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Hello,

After seeing all of the posts about BMW on here I really wish I hadn't even considered them!

I bought a used car from them over the weekend, one specifically which had a reversing camera and cruise control in the advert. I was foolish at the time of purchase and didn't check to see these functions work on the test drive (totally my fault).

Now that the car is home I've checked and checked and neither of these functions are available. I even checked on Parkers and it seems that no Skoda Kamiq '21 models come with any parking cameras at all.

When buying the car, I was told all that was needed was 'Four signatures and £500' to secure it. I was never shown any of the documents, and instead the sales rep opened a box on his iPad and asked me to sign. He had been complaining about the length of time some customers take these days all throughout my time with him. (Again) foolishly I signed.

In my email inbox I now have four attachments from BMW, one of which is my signature under a letter which says that the cars don't need to match the advertisements online, or have any of the features that a sales rep talks about.

I realise that I've made mistakes in not doing my due diligence here, but thought I might as well ask the experts here if I have any rights left to claim that the car was miss-advertised, or if I unknowingly signed them away?

Thanks in advance

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how did you pay them?
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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1 hour ago, PhoenixCab said:

one of which is my signature under a letter which says that the cars don't need to match the advertisements online, or have any of the features that a sales rep talks about.

utter BS, doesn't matter you signed it.

pers i'd be writing as per the other threads here rejecting the car as not as described under CRA etc and be done with it.

as its a debit card you could also do a full chargeback within 120 days to your bank and simply dump the car back to BMW.

100's of like threads to read here.

get your ducks inline.

make sure you know what you are doing and off you go.

dont take any BS from BMW, no matter what you sign it does NOT remove your consumer rights.

p'haps it might be on the off chance you are a good manager , a quick phonecall tomorrow saying you dont want it because (no bla bla fitted) it might be resolved in 5 mins..i will guess to date you not tried

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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Thanks so much for your help!!

I've emailed them, and when they reply saying they can't do it I'll reply and state my rights.

I'm so glad I found this forum, and will read all of the posts I can find and help guides available for the future. Really can't thank you enough.

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V important you read lots of BMW threads too

!

 

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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Hello! After emailing them I received this reply:

Thank you for your email.

We apologise to hear of the concerns that you have advised us of.

Please be advised that you signed the specification disclaimer to state that you are aware of the specification the vehicle has.

As well as this, all customer's are given ample opportunity to walk around the vehicle with the salesperson, where options such as a reversing camera would be present on the rear of the vehicle, as well as cruise control buttons on the steering wheel.

Having reviewed the preparation images we have of your vehicle, we can advise that your vehicle does not look to be equipped with these features. We can only apologise for any inconvenience caused due to this.

We are more than happy to look into providing you with a log book however and will confirm with the sales site why this is.

Should you have any questions or require any further information, please do not hesitate to contact us.

We will be in contact, once we have an update from the sales site.

 

I have drafted the following, please would you be able to comment as to if you think it is correct/sufficient?

"Thank you for your email.

 
Thanks you for confirming that the vehicle does not have these features as stated in the advertisement. 
 
I am sure you are aware that the Consumer Rights Act 2015 provides the short term right to reject within 30 days. Statutory rights cannot be taken away from a consumer, and any attempt to do so is illegal.
 
Please can you advise how best to return the vehicle?"

Thanks in advance!

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unlawful.

 

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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its not a criminal matter so cannot be illegal.

its a civil matter so unlawful.

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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