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    • If you are buying a used car – you need to read this survival guide.
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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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Faulty goods


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does anyone know if there is any comeback if a company continually fails to provide the customer with a working model. I've gone through 3 sony PSP's so far, and I am awaiting my 4th. If there is anything wrong with this can i claim a refund from them and then go out and buy a new one with a years guarantee?

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Whats wrong with the psp, how long ago did you buy it etc.

You can tell the retailer that you have lost faith with the product, as it keeps failing and want a refund on that basis. Trading Standards (this is a guideline only) usually say that after the third one is faulty to ask for a refund. Though tbh I don't see many back, and you seem to be kind of unlucky.

What company etc, big retailer or just a small one?

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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It was purchased in october 2005 so it is now out of guarantee, the first one was replaced at the end of the first year, in october 2006. That one had more problems than my first. I returned home from holland after having no address for a few months after that and I got this replaced over here by a third one, which works perfectly apart from the left shoulder button, which is intermitent. I'm getting a new one tomorrow, should i call them and say to forget it i want a refund or should I wait. Is after the third, or ont the third. Is it the third device, or the third replacement? Can you elucidate upon that confusion? thanks for your reply.

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If you ask for a refund out of warranty, usually they will either just tell you no, or offer you a partial refund (you have had a years use out of it so far). Surprised they are replacing it and not repairing it however. You can only try and ask for a refund and see what they say.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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It is the policy of sony to replace goods when faulty rather than repair them. i think they tend to repair all faulty consoles and give them as replacements so its not neccessarily a new one you are getting, I am not entirely happy with that arrangement as i tend to take good care of my PSP and some people don't.

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Have you had it replaced by the manufacturer? If so, you could have done yourself unfortunately.

 

The manufacturer is only bound to any warranty that they choose to give and whatever terms and conditions that they include within that warranty.

 

Normally I would advise people to go to the retailer as they are the ones with the contract for the goods and therefore they are responsible for providing goods of satisfactory quality and fit for the purpose under the Sale of Goods Act. It is their responsibility under this Act to repair or replace the item or if that fails to rescind the contract and provide a partial refund. Your rights can last for up to six years under this Act, but does not cover normal wear and tear.

 

If you choose to go to the manufacturer to replace the product, and it then goes out of warranty, you have effectively got a different product to the one you bought from the retailer and therefore you can't really then pursue your Sale of Goods rights against the retailer.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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