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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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Big motoring world/motonovo HP - faulty vehicle RE69LWF purchase on 31/5/24


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Hi Team,

Thank you for your response.

I refer to our recent email which acknowledged receipt of your complaint. I am writing to advise you that the issues you raised within your complaint, are being investigated.

In order to complete our investigation, we require some additional information from you, please confirm the following at your earliest convenience:

  • Please can you provide further information into the tyre leak?
  • Please advise if you are still experiencing a water swooshing sound?
  • Can you please attach an image of your vehicles current mileage?

In order for me to issue my response can you please confirm your desired resolution?

Once I have received your reply, I will continue with my investigations and be back in touch with you in due course.

Kindest Regards,

Hi team, sorry for the block texts.

I currently do not have access to desktop.

Uploading from phone.

Please let me know if you want to see my response. 

Finance company saying it can take upto 8 weeks to find resolution. 

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Yes please would like to see a response.

Even using a telephone there should be no problem introducing spacing and punctuation

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Dear MotoNovo,

 I have provided Big motoring world all relevant evidence off issues faced by myself.

 Big motoring world sold me a vehicle on the 31st May 2024 with a water fault which was clearly preexisting. 

 I have stated on many times that after 20 of departing the forecourt on the 31st May 2024I had to go back to the Wimbledon branch. I showed the issue to a manager and wanted to reject.

 I am exercising my rights to reject the vehicle under CRA 2015 as the vehicle had an issue before I purchased. Therefore, the description was inaccurate. 

I have stated to Big motoring world I needed a reliable vehicle as my sister is ill and I would have to take her hospitals.In fact I even stated I can produce evidence of the several visits that were made in the last few days. However, Big motoring do not care!  

I still am waiting from Piper from the complaints team to get back to me as per email. 

 It is simple, I want the vehicle rejected. To be collected, the water issue is still very alive.

 Failure for Big motoring world to respond shall result in legal action, writing to an MP and also I shall write to Karl Werner with all evidence I have collected in relation to Big motoring world.

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Have you provided the evidence to the hire purchase company?

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Yes I have. All recipts for tyres and diagnostic from Audi.

Motonovo say they will refer me to welfare support due to the stress.

I just want to get rid of this car. It has caused nothing but endless pain.

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What is the vehicle now? Are you driving it? Are you able to purchase an alternative vehicle if you return it to the dealership?

Also I can't remember if I asked you – how far are you away from the dealership

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At the moment its parked up.

I only drive it when I collect my sister from hospital.

After this I shall not purchase any other vehicle.

I have a company van, however I can not use this for collecting my sister from hospital.

So the actual branch I collected it from Wimbledon is only around 8 miles away.

However, their after sales centre is around 70 miles away.

To be honest I dont want to go back to Wimbledon due to the staff and their behaviour.

Big motoring world are pure evil for subjecting people to go through what they have to

 

 

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If necessary are you prepared to issue a legal action? 

The cost of starting the claim would be 5% of the amount you are claiming and of course if you won the case then you would get the money back but if you lost then you wouldn't get it back so this is a risk factor that you need to take into consideration the. 

We can send a letter to the finance company telling them that 8 weeks is too long but you can be certain that they don't care about you. 

 

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BMW have already assigned the case to a complaint handler.

The complaint handler sent me an email this morning stating they are still investigating.

The claims procedure could lead me into some money issues.

Would you suggest we wait to hear back from BMW as they are the dealer I purchased car from. 

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You had better settle down for a long wait and eventually a refusal from them. There is no need for them to investigate because you have given them the evidence.

It's up to you what you want to do.

Have a look at this post here in which I have explained the options to another big motoring world victim and basically the same applies to you

you can be certain that both big motoring world and also the finance company will do their best to avoid their obligations.

You may be lucky – but I doubt it

 

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Took car down to Snodland today. This was an ad- hoc visit.

They took it on a drive found fault!

They accepted rejection.

I have been reimbursed for v62 and tyre.

Best advise! Take it down to Snodland to speed up process.

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What a good result! 

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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Sorry spoke to soon.

Technician found fault and the desk clerk stated they would buy back.

However, head office refused.

They stated its a minor fault and that Audis diagnostics is not crediable as they a profitable orgonisation.

I am gonna fix the issue and sell the vehicle privately. I will be at a loss due to the settlement.

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you can't. it's not yours to sell.

it belongs to the finance co. 

unless you've settled the HP agreement in full

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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And now you know what a disreputable company this is.

I did refer you to another thread which can then your options and it also contains advice to record conversations when you visit them but I suppose you didn't.

Have you any evidence that they accepted the rejection and then renamed on it?

Your position is you're going to have to issue a legal action. I still think they will caving but you may actually have to issue the claim.

It doesn't matter that it's not a serious fault. If there is a defect on a vehicle that you have just bought which cost you £31,000 then clearly it is not satisfactory quality and this is all that is required.

In terms of them saying that an opinion from Audi themselves is not credible – for whatever reason is absolutely ridiculous. You have any evidence that they said this?

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When they first stated it would be rejected all was verbal.

They then stated head office did not approve rejection.

In relation to the Audi evidence not being credible this was also spoken.

I took a friend and he was witness to this.

They actually cleared out my car and in the confusion my wheel locking nut has been left at the store.

I will call in tomorrow to get this back.

I have booked into Audi to sort out the vehicle.

Also, I have found an auction place that will buy the vehicle.

I shall be in negative equity of around £3600.

I will make this up and wash my hands with this vehicle.

This has really drained me and my mental health. 

I hope one day this organisation will be abolished.

Pure scammers, no care in the world for anyone!

 

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you cant sell the car without settling the HP agreement first.

legally it is not yours.

 

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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Ive sold a car on finance before.

You get a settlement figure and if you in negative equity you make the difference.

The organisation you sell the car too shall ensure that the finance has been settled through myself settling any difference

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  • 2 weeks later...

Hi All,

I resold the vehicle above to bigwantsyourcar basically bigmotoring world.

I had to pay almost 5k in negative equity.

The vehicle RE69LWF will soon be back on the market at Big motoring world
 

Avoid!!!

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so you lost £5k then....opps!

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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  • BankFodder changed the title to Big motoring world/motonovo HP - faulty vehicle RE69LWF purchase on 31/5/24

Are you interested in recovering all or some of your losses?

Now that your losses are less than £10,000 he becomes a relatively straightforward matter very little risk to bring a small claim in the County Court.

You say that the company you sold it to was effectively big motoring world. Please can you explain.

At the very least, I think we can probably improve the price that you got and at the very best you might be able to get all of your money back plus any ancillary losses.

Can you list out exactly what you have lost please

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BIGWANTSYOURCAR.COM

BigWantsYourCar.com is the UK's first and best no-hassle, completely digitally-based car buying service.

 

  • Thanks 1

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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Share on other sites

My initial view on this is that it was clear that there was a defect in your car within the first 30 days and not only that, they accepted that there was a defect but eventually they broke their promise to accept the rejection on the basis that the defect was not serious and also that the authorised dealer was discovered defect was apparently not reliable.

I don't think that a judge would accept the view of Big Motoring World.

Previously your big problem was that you had a vehicle worth far more than £10,000 and if you had to bring a legal action you would have not benefited from the protection of the small claims rules which limit your risk factor in case you lose to simply the cost that you have incurred bringing in the action. Bringing an action for more than £10,000 would have exposed you to far greater costs and although you would still probably have won, it would have been stressful for you and taken much longer.

Now everything has changed.

If you want to bring an action to recover your losses it will be for far less than £10,000 and therefore well within the small claims and it. If you happen to lose then your exposure will simply be the cost of bringing the claim – about £120 plus the cost of hearing if it went that far.

Frankly when you calculate that you stand to gain more than £5000, my view is that it would be well worth the risk.

Of course big motoring world would try to argue that you had sold the car to them but I think that it would be quite easy to argue to the judge that they had a duty to take the car back and that they forced into this position and it was almost equivalent of a blackmail.

I think the judge would probably have very little sympathy with big motoring world and it would be quite easy to produce evidence from other people about the way this company treats its customers.

I think you are in a very strong position. I can imagine that big motoring world would rather pay you than go to court and get a judgement against them. I can imagine that big motoring world would probably try to pay you on conditions of confidentiality – and we would urge you to refuse that and go for everything – the outstanding money plus interest.

Incidentally I think the interest claimed would not only be on the £5000 and additional losses that you have suffered that would also be on the entire sum of £21,000 from the moment that you first rejected the vehicle and they refused.

It's not a huge amount of money but it is better in your pocket then theirs – they might even do something extra to give us a little donation if you felt that we had helped you 😄

I certainly don't see why you should accept this kind of crappy treatment from this company whose reputation is really extremely poor amongst those who suffer its lack of respect for its own customer obligations

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they got £5k out of you for letting you driver their faulty car for 5 weeks...

 

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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