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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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No refund or exchange heeeelp !


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Hi all,

 

I bought a flash memory for my mobile phone in argos last week and being in a rush I bought the wrong memory card.

 

Been told by argos that these memory items are NOT part of their 16 day money back/exchange deal and I have to accept I have made a mistake and keep the memory as they will not accept an exchange for the correct one.

 

I only wanted to exchange and did not want a refund ......is there anything I can do about this?

 

I feel it is so unfair !!!

24th August 2006 Template letter to Argos demanding late payment fee of 17.50 is returned.

 

Argos late payment fee of £17.50 is returned.

 

22nd Nov £5 late payment fee returned by BT.

 

Virgin credit card 2* £12 overlimit fees, LBA issued early Nov..... awaiting news

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you have rights under the sale of goods act

 

did you pay cash or credit/debit card?

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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Sadly your rights are limited on this one as any 16 day period for refund or exchange is purely goodwill from the retailer, they do not have to take it back from you or even exchange it. I would ask for the manager and be extremely nice and very apologetic etc etc, say you've made a genuine mistake, show them your receipt to show that it isn't the right memory stick and hope like hell that they're in a good mood that day!

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you have rights under the sale of goods act

 

yes, you have the rights that it was accurately described, fit for purpose etc - not that you didn't buy the wrong thing.

 

Unfortunately you're going to have to try plead with them. Tbh look elsewhere to buy these sort of things as argos are far from the cheapest supplier and if you buy online or on the phone you are covered by the distance selling regs and can return wrong goods for swapping/refund.

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First of all is it opened or completely sealed?

If it is opened then you have a very little chance of getting a refund. Sealed improves those chances slightly.

If it is sealed, contact customer services, explain the problem, the store refusing a refund, and all you want is an exchange. They are slightly more sympathetic then stores. If they do say yes, make sure they give you some form of reference, and see if they can phone the store to confirm.

 

There was an issue a few years back where argos sold a digital camera, which had pictures already on (was in national tabloids). We have no way of checking if a card has data on, and frequently have people ruining packages buying the wrong card. Hence the exemption.

 

Argos, and most high street retailers do rip you off with memory cards, My psp card cost me £35 online, and would cost over £100 down a high street. Try ebuyer.com - the UK's largest independent online retailer of computers, components, electronics, MP3 Players,cameras, televisions, DVD Players, car audio, software and more...

 

It is upto the manager on the day when you return it into a store, they know they do not have to take it back (no legal rights if you brought the wrong item), and it depends on the person, if they are having a bad day. It is discretion. There will be days where I will refund one, and the random bad day where I will refuse it. (I never take back opened ones, unless its argos' fault, and generally refuse if it was brought a while ago)

 

Good luck, and feel free to pm me if you need any advice. Customer Service number will be on the back of the receipt btw.

 

ps. a little off topic, the 16 day money back guarantee becomes the 30 day money back guarantee from saturday 20th Jan.

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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you have rights under the sale of goods act

 

did you pay cash or credit/debit card?

 

I'm afraid you don't.

 

You simply didn't buy the right item, it's not the traders fault. There's nothing wrong with the item, it's just not right for you.

 

Traders often offer refunds as a goodwill gesture but it's really up to them what they accept back, if anything at all. Check their terms in store, but there's really not much you can do about this.

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

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It is illegal, and by mentioning such a thing, you are clearly suggesting it even with the 'disclaimer'.

Quite alot of stores do have the ability to test such things. Why make a company pay just because you are to incompetent to check that you have ordered the right item.

Whilst I am generally sympathetic with people that do return some items that aren't exempt, ignoring my superiors telling me not to refund such things, I don't appreciate lying.

 

 

The post being talked about has been removed , mjanet

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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People are free to make their own choices about what they do. I was not suggesting that people should do this at all.

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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Right - let's get one thing straight. This site cannot be seen to condone ANY action such as that described. We encourage people here to take the moral high ground - not to find ways to cheat organisations out of their legitimately earned money.

 

I think that the best thing to do in this situation is to bite the bullet, sell the damn thing on EBay for what you can get, and buy the right thing. Don't buy it in Argos because they're not the cheapest; I know where you can get 1Gb Micro-SD cards for phones for £13.99. Look around on the internet.

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If you had asked for a memory card for a particular application and it turned out to be unsuitable then that would be the store's fault for mis-selling you an item which was not suitable for the purpose that you specified.

If you specified which memory you wanted and it was not suitable, then it would be your fault as the store has sold you what you asked for.

 

Right - let's get one thing straight. This site cannot be seen to condone ANY action such as that described. We encourage people here to take the moral high ground - not to find ways to cheat organisations out of their legitimately earned money.
I fully endorse Stonelaughter's comment.

We do not, at any time, condone any action which is not completely lawful.

If we were to condone fraudulent practices we would lose all credibility.

 

Regards, Rooster.

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