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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
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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 ENFIELD - FLAT BATTERY AFTER 2 DAYS Court claim issued. ****SETTLED BY BIG MOTORING WORLD****


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I bought a mini in April last year.

On the test drive the battery needed re-charging.

They promised to replace the dead battery with a new one.

2 days after purchase the battery was dead.

They did not replace it.

Rather than reject, I decided to get the battery replaced and had the mini towed to the nearest main dealer.

I told Big Motoring World what I was doing.

They asked me in writing to obtain a diagnostic report and send them the receipted invoice.

I did this in the expectation they would reimburse me.

Since then they have continued to refuse reimbursement.

I took them to Court and they filed a Defence saying I had no authority to get a diagnostic report and I paid too much!

The hearing is on 18th July.

I'll report back.

In the meantime, I would caution anyone thinking of buying a car from this company.

 

Witness statement redacted.pdf My amended POC.pdf

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Hi.

Welcome to CAG.

I've had to edit your post to make it easier to read for people on smaller screens (such as mobile)

Can you post up a redacted copy of your claim form and your draft witness statement so that we can assist?

We could do with some help from you.

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  • dx100uk changed the title to BIG MOTORING WORLD ENFIELD - FLAT BATTERY AFTER 2 DAYS Court claim issued

Topic title amended for clarity

DOCX files with pers details in file properties converted to PDF

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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Can you post up a copy of the defence from Big Motoring world also?

Read upload <-- to redact and correctly submit as a PDF.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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We dispute the claim on the basis the claimant has made not efforts to mitigate their losses, nor did they obtain any prior
authorisation.

The claimant purchased a used Mini Cooper Convertible from our dealership on or around 21st April 2023.

On or around 23rd April 2023 the claimant notified ourselves that the vehicle had failed to start, the claimant had since had this diagnosed as a battery.

The Claimant proceeded to book their vehicle with Stephen James (BMW/Mini Main Agent) and authorised a battery replacement and paid a total sum of £597.42,

the claimant obtained no authorisation for this cost beforehand, and has since tried reclaiming the full amount.

We have advised the claimant we would not consider the cost of the unauthorised repair he has had completed.

Had the claimant returned the vehicle to the selling dealer, it is likely we would have offered to replace the battery at no further cost to themselves, we have therefore agreed to offer a contribution of £165 towards the repair.

This cost is in line with the cost of a replacement battery had the vehicle been returned to ourselves.

 

 

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TBH gotta be quite frank here as much as we hate BM world.

why didn't you not simply change the battery?

or come here FIRST before launch a court claim?

or let them do it.?

a flat battery is gonna be a hard case to win +£500 on 

 

 

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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 It is not as simple as you seem to suggest.

1. My wife needed the car and there are no local public transport facilities within 2 miles.

2 Neither of us has the technical expertise to change a battery.

3 Not only does the battery itself have to be appropriate for stop/start technology; but also, according to the handbook, has to be registered with Mini by a recognised agent, which I am not, neither is Big Motoring World.

4 The car had to be towed. Where was I going to have it towed to where I could be sure it would be properly dealt with? I couldn't trust Big Motoring World to do it. I couldn't have it towed to just any garage and be sure they had the right battery and the time to fit it.

5 The high sum involved is mainly for the diagnostic test which Big Motoring World asked me to obtain; and they did not initially raise any objection to the car being taken to the nearest main dealer. I would not have got the diagnostic test, if they had not asked for one.

So, I understand where you are coming from, but having ignored requests for reimbursement, what else could I have done to recover my lay out?

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While I agree with getting it done by an authorised dealer in this case, for future reference a stop/start battery for one of these cars are about £120 and anyone with a £40 BMW specific scanner off of Amazon can "register" the battery.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 3 weeks later...

Thought you'd be interested to learn I've just accepted £820 in settlement, covering my whole outlay and court fees.

Perseverence paid off.

Hopefully, others dealing with this company will persevere likewise.

Thank you for your input.

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  • lolerz changed the title to BIG MOTORING WORLD ENFIELD - FLAT BATTERY AFTER 2 DAYS Court claim issued. ****SETTLED BY BIG MOTORING WORLD****

Excellent news!

Topic Title Updated

Please do consider a donation.

The help we give is free but try telling that to our server hosts!

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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