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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Big Motoring World/Motonova finance - sold me MOT failure


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Posted (edited)

VAG Group cars all hold the distance travelled in KM on the ECU, its selectable between KM and miles on the Infotainment display. 18000 Km is  approx 11000 Miles.

 

It's appears to be just a diagnostic OBD readout, if you had a an actual cylinder misfire it would be obvious, its not really an indication you have a fault. BankFodder is 100% correct 

Edited by MH1927
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People also ask
What does engine mil inoperative mean on MOT?
This is a description they use in the MOT testing manual, It normally means the MIL (engine management light is illuminated when the mot is done and will need to be scanned to check what fault codes are stored in the ECM, If the EML (MIL) light is not working at all then it has possibly had the bulb removed or the bulb ...

 

Halford should have looked for error codes? 

Did they? 

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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Okay you will have to return the car immediately. I probably ask you before but how far away from the dealership are you?

 

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Was it hire purchase?

We will draft a letter here. Make sure you have taken copies of any documentation including receipts, the five – et cetera. When you return the car, give them the V5 document and inform DVLA immediately that you are no longer the owner of the vehicle.

Once you have returned the car you can cancel insurance et cetera.

Please give us a list of all the expenses you have incurred in addition to the purchase price.

Send a copy of the letter to the dealership and also to the hire purchase company but when you return the car give them also a copy of the letter and a copy of the MOT certificate along with the V5 and any ownership documents.

Before you leave the car take photographs inside and outside so there is no dispute as to its condition when you leave it.

I hope you now understand why we wanted you to get an MOT.

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I live around 25miles around 1H drive from Bigworldmotor.

Yes is hire purchase

Invoice from MOT attached 

Please note I made deposit 

  • Deposit made up of: £7.099.00
  • Vehicle part exchange  £6.800.00
  • cash Deposit £299.00

I just want to return money spend on MOT and my deposit and return this car back. MOT Invoice.pdf

 

Please let me know if you need some additional information

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Okay don't imagine it's going to be easy but it will be made much easier by the fact that you have now got an official MOT test fails to forget.

If you threaten legal action – are you prepared to take it? The cost of bringing a legal action would be about 5% of whatever you are claiming if you are claiming more than £10,000 – which you would be.

If you win – which is almost 100% certain – then you would recover your costs but of course if you lost then you would lose that money and you would have to pay some part of the defendant's costs.

 

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Yes I suppose so. It is going to be most unlikely you will need to bring a legal action but you need to be prepared to do so.

You need to act quickly on this now. Don't imagine that they are going to be cooperative. You're going to have to show that you are prepared to be assertive about this.

I have suggested a letter below. This is the letter that you would send it to both the finance company and also to the dealer along with the evidence that you have.
It is the letter which you would also take along to the dealer when you return the vehicle along with copies of the evidence – the original diagnostic and also the MOT fail as well as the V5.

 

Quote

Letter to finance company and two big motoring world

Dear Sir/Mdm

Letter of rejection – vehicle registration number XXX, hire purchase agreement number XXX

I am rejecting the vehicle which you sold me on 8 June and I'm returning it to you.

I require you to make me a full refund of all monies you have received and including if possible the car which I part exchange for it. If you cannot return the car to me because you have sold it then I required to know the price for which you sold it and require that you provide me with that money even if it is more than the allowance that you made on the part exchange arrangement.

I also require that the hire purchase agreement reference number XXX is cancelled and that all monies are returned to me and it's confirmed that both the contract for the car and also the hire purchase agreement are now voided.

Very shortly after taking the car away from your premises on 8 June it started to demonstrate faults. I have taken it for a diagnosis where defects were identified and I then took it for an MOT test even though it was not due for its MOT – and the car failed the MOT test.

I'm enclosing the MOT certificate of failure. I'm also enclosing the diagnostic tests. By and large they tend to confirm each other.

I'm sure you are aware that under the Consumer Rights Act if you supply me with a vehicle which manifests defects within the first 30 days that I'm entitled to reject it out of hand and to require a full refund.
The Consumer Rights Act also provides that the refund should normally be made without delay and in any event within 14 days.

Please confirm receipt of this letter and let me know what arrangements you propose to make to return my money and also my part exchange vehicle to me.
If you are unable to return the part exchange vehicle then please let me know the price that you have sold it for and what arrangements you will make to pay that money over to me.

In terms of the finance company, I require a rapid resolution of this.

I'm fully aware that your normal "technique" is to try and delay matters on the basis that you say that you are going to carry out an investigation.

It is beyond doubt that the car was defective at the time of purchase. If I experienced any delays from either of you then I will take the necessary legal action which will include a County Court action against the dealer and also a complaint to the ombudsman in respect of the hire purchase agreement.

Believe me

Signed XXX

 

Let us know what you want to do

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BankFodder 

 

Are you able to help me with whole process if we start legal action ? 

If yes i'm fully agree  with 5% expenses and to send the email now

 

 

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Yes of course we will help you. However you should realise that because it is more than £10,000, and because if they win they may be able to recover some of their costs, they may be tempted to make life tough for you and to threaten you and to incur extra expenses simply to make you more anxious.

What will happen if you reject the car and return it and then you are without the car for three or four weeks. Can you manage that?

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I have another vehicle with I can use to travel to work.

I will prepare myself that's not a problem

Hope this thread will read for plenty people and AVOID Bigworldmotor in future to avoid issues what unfortunately I have today..

 

Do you want me to attached on the email diagnostic report and MOT certificate ? Or print and drop tomorrow directly to the bigmotor

 

 

 

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Both. If you send an email then attached both documents to the email.

Send exactly the same to the dealership and also to the finance company. I would suggest that you do it straightaway – tomorrow and then plan to return the car on Tuesday to give them a day to register what is going to happen.

Send the letters by post together with copies of the evidence to the dealership and to the finance company.

Then when you take the car in on Tuesday, take a paper copy of the letter and also copies of the evidence on paper and leave them with the car and the V5.

I suggest that you use a voice recording app on your telephone and record all conversations. In other would switch it on as you go into the dealership. Keep it in a pocket where it can easily hear the conversations. Don't switch off until you leave so you have got a full recording of exactly everything that happened.

Don't get into an argument that tell them that you are returning the car with the keys with the V5 with the letter with the evidence and you want your money back

Tell them that you will be putting up on trust pilot and Google that you have been sold a car for £31,000 which is an MOT failure.

Ask them where your old car is at the moment? If they say that they have sold it then tell them that you want to know how much they sold it for.

Keep us updated

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There is other option to Return vehicle tomorrow? Next week I will be super busy at work. I can manage to send letter by post tomorrow and return the car before bigmotor is closed 

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Okay do it that way then.

But still email the letter plus attachments, send the letter with the documents and take a copy along also with a copy of the documents. Don't forget the V5 and any keys et cetera

Take photographs of the car when you leave it and record all conversations

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  • BankFodder changed the title to Big Motoring World/Motonova finance - sold me MOT failure

Good morning,

 

I just left bigmotor and return the vehicle.
Staff from bigmotor wasn’t helpful they start from the beginning I need to have appointment.

They mentioned there is no one today from after sell who can assist me today aswell.

After few min  manager come to talk with me and collect all documents.

All conversation has been recorded with full names for both people who was dealing with me in the store.

 

Thank you 

 

 

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Stand by for a reply later on. We will now have to write a letter to the finance company informing them of the latest developments

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I've downloaded your recording. It seems that you are using video but simply without the picture just the sound.

Although we can use this, you should be using a proper voice recording application which will record a far smaller file and make it much easier for people to listen to and to use it.

Please will you have a look on the play store or the Apple Store and download a proper voice recording app and don't use video.

What did the manager say when he collected the documents from you?

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if you point me to the VDO i'll extract the audio to a small file ...easy peasy 

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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Mr BankFodder you are a top man.

I just received email below and finally they accepted fully refund

Good Afternoon,

Thank you for your recent email.

We are sorry to hear of your recent troubles, we would be happy to accept rejection of the vehicle.

The amount of the refund to yourself will be £7,099, this alongside settlement of the finance agreement will be paid in full and final settlement

By accepting this refund you are confirming that no further claims shall be brought against Big Motoring World or any of its associates in respect of this matter.

In order to proceed with the refund we require the following from yourself:

- Your bank details (Account holders name – this must match the invoice name, sort code and account number)

The bank details can be provided via email.

The refund will be processed within 14 days.

 

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