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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
      • 161 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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PC World Won't Repair/Refund After 28 Days


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As an aside for all those watching, Why could a manufacturer (or retailer) not put an 'approved accesories only' clause in? Given that they could demonstrate statistically, that non-genuine carts cause the problems.

I know they would have to make a point of it, at the point of sale, but there are plenty of situations where it would save so much grief.

 

I'm going to guess that it would create a monopoly, and isn't that the kind of thing that got Microsoft in trouble a few years back about their OS only working with their own software? (a bit hazy here, so feel free to correct me! :-D)

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1 The printer is not designed for non manufacturer based inks.

so by you using cartridges not made by the company that produced the printer it again is like putting deisel into a petrol engine.

 

Nonsense. Putting diesel into a petrol engine will cause your engine irretrievable damage very quickly. Some printers will go on for years on non-generic inks. This is the same kind of marketing rubbish we hear about washing powders, and I have to wonder about your vested interest in trying to convince anyone otherwise.

 

2.Only using genuine ink cartridges in its printer is not a monopoly. only having one printer is!!

 

:-o Do you even KNOW what the word "monopoly" means? And I do not mean the board game! :-|

 

customer using parts not intended for the unit are classed as damaging the unit.

You're missing the point AGAIN. Within the 1st 6 months, it would be down to the seller to PROVE that it was that which caused the damage. As you've now been told umpteen times.

 

pcworld have proved it not fault from purchase because it was noted that there were non genuine ink cartridges in the printer. and yet as a gesture of goodwill they replaced the whole printer

 

No, they haven't. They have an element of suspicion that the use of non-brand inks might have caused the damage, if it went to court, they would have to convince a judge that it was the use of those inks and nothing else that had caused the failure. A judge would then decide on balance of probabilities whether that was the problem or not. Nothing as clear cut as "proved", far from it. If the printer was 6 mths or 1 yr old, ten I migh tbe more inclined to lean towards PCW, but on a 2 months old printer? I would want a lot more evidence than "oh, he used generic cartridges, so that's why the printer failed at 2 months old".

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Hi there Bookworm, there are other manufacturers who make printers, so no monopoly would exist.

 

The microsoft thinf was nothing to do with software compatibilty.

Check out my next reply :)

 

I did say I wasn't too sure about the Microsoft thing! :D

 

As to monopoly, check this out:

 

10.What are the standards for the determination of a "monopoly" adopted by the Fair Trade Commission?

According to Article 3 of the Enforcement Rules of the Fair Trade Law (hereinafter referred to as the Enforcement Rules), the Fair Trade Commission shall take into account the following when determining whether an enterprise constitutes a monopoly as referred to in Article 5 of this Law:

(...)

 

2. the possibility of substitution of the goods or services in a particular market, giving regard to considerations of time and place;

Of course, there are other printers, but if they all only made printers where you can not use any other cartridge but their own, then they are effectively locking in the customer to their product and no other.

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most of you have admitted this so far.

that you have received TRAINING. another poster admits that he has to talk to his lecturer. another has eperience of retail. out of the 5 people that complain most about my post 3 are not fully trained solicitors. two (atleast) of which dont have degree's and you are on about spouting bad advice. Everyone thinks they know the law but depending on the situation and the context is is used CAN be interpretted differeintly.

And you have so far given as your "qualification", a) that you have a shop, b) that you know 3 judges.

Well, *I* know 1/2 dozen doctors, that doesn't qualify me for practising open heart surgery. :grin:

 

You can say what you like, (and seemingly do), but the fact remains that every piece of "advice", and in your case, I use the word very loosely indeed, has been aimed at reducing the retailer's liability at the detriment of the customer. Thankfully, there are people whose advice is both accurate and clearer. The fact that you try to denigrate their qualifications to make yourself look more authoritative says it all, really. :rolleyes:

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Is anybody else getting personal messages from retailpointofview that are irrelevant to the point they made?

 

If that is the case, can you forward them to me so I can deal with it, please?

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Folks, I'm going to have to say this:

 

I think you should stop answering him. Eventually, he will get bored and move on.

 

If you see him "advising" someone wrongly, by all means, post the correct information up so that OP can get the help they need, but otherwise, let him argue with himself. He is so convinced of his own knowledge that you will never get him to see sense, so don't bother. You know he's wrong, we know he's wrong, all we need to make sure is that some innocent doesn't get caught in his rhetoric.

 

If it gets too bad, hit the report button. :-)

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