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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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result in o2 shop, newcastle


wallsyboy76
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i suppose i should start at the beginning. on 15 december last year my sony ericsson k750i stopped working. that is, it showed a "insert sim" message on the screen even though the sim was in. as i'd only had it two and a half months, i took it back to the o2 shop in eldon square, newcastle and told them i wanted it exchanged. the assistant manager told me that it was not the store's policy to give exchanges after 14 days and that the phone would need to be sent for repair. i reluctantly agreed, and the phone was sent off and i was given a "stunt double" phone on loan. they said it would take two weeks.

last week i was getting cheesed off with waiting and decided to ring the store to find out what was happening. i was told that the phone was not back in yet due to the christmas bank holidays. i finally received a call today and was informed that the phone was back in store but had not been repaired as it was deemed to be user error htat caused the damage. this i was not happy with and went into the shop and asked to see the manager, armed with information and legal jargon taken from the good people here on CAG.

anyway, to cut a very long story (sorry) short, i am going back into the store tomorrow to pick up my brand new phone after the store manager agreed with me and authorised an override of the repair centres decision. and i didn't even need to quote the sale of goods act!!

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  • 5 weeks later...

Congrats on your result i just wanted to add that the fault that you were describing cannot be user error as it is a common hardware fault with most newer sony-ericsson. do not let them fob you off next time. if i could be of any advice next time give me a shout

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  • 2 weeks later...

interested to read this - my son's Sony Erikson's 'phone was returned to our local o2 shop last week as it had an intermittent fault. They sent it off and it has been returned saying it has 'water damage'. Now - my lad is 13 years of age and water is the last thing he touches!! It has had reasonable use, but the shop will not replace it..... they asked if he'd used it when it was raining.:-x

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