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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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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FACTS ABOUT SOGA and RETAIL CHAINS


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I actually had to take a copy of the SOGA into work, as they didn't have a copy, just so I can pull it out when needed. But Mr. Brown get your amazing new BERR department to make consumer rights more clear.

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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I have had in the past Argos refusing to refund one of their faulty items, still with box, still with their own 123/4567 code on it stuck solid on it, because I couldn't find the receipt and insisting I had to accept a voucher.

 

just out of interest in this instance would argos not be in their rights to do this as with out proof of purchase surely you have no proof that the contract was made with yourself? as the item could have just as easily come of the back of a lorry as from there store?

 

I have had a luggage shop refusing to give me my money back on a travel bag I had used once and which had ripped open at the seams, instead saying that they would take the bag, send it to manufacturers for analysis, and if found to be faulty (well, durrr!), then they would send me a cheque, 2 weeks after I had bought it.

 

again surely under Soga they are allowed to do this, as it could be a case of the fact that it split was due to it not being used for its intended purpose ie more than the allocated weight being placed in the bag or it being damaged ie, ripped on a nail or what ever?

 

Most worryingly, over 40% of people believed that they had no legal right to insist on a refund on a faulty product,

 

does that not depend on how long you have had the product? if its after a certian amount of time they are only entitled to a repair or replacement?

 

just checking up, to help educate myself further on these matters, much as ofc it is usefull to know these things for a consumer i have personally found much of the infomation on this site to be usefull for the retailer as well.

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so after reading 5 pages of infighting and bitching, did we decide who the contract is with.....my local pc world store or their head office???

 

i just wrote to the manager of the local store as i like to give ownership to an individual...head offices, at the end of a phone (invariably 0870) have a habit of passing the buck and never getting back to you...

 

that said, does anybody know who the head of customer services is at PCW?

 

(when i hand delivered the letter to my local PCW the manager refused to sign to say he'd received it)

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It's with the company "PC World" or whatever their registered trade name is. For the purposes of legal action the papers are usually served to the registred office. for every day stuff, (the inital course of action) you should ideally deal with the same branch from where the goods were bought from, but there shoul be no reason, everything being proper, why another branch cannot be used.

 

As for the "bitching" it is not infighting but merely an attempt to clarify the situation which is made all the more difficult by certain individual(s )persisting in posting utter nonsense to the detriment of those who do not know better.

 

As for your own problem with PC World, the best way is to post the letter to head office (or the branch if not already done so) by recorded delivery. That way, if it is ignored and legal action is taken, they do not have an excuse as to why they did not respond. Using the phone lacks concrete evidence (unless you record it and a judge allows the recording) and hand delivering, as you have seen, requires the person to choose accept it - something which would not happen if posted. In my last job in insurance I refused such personally delivered letters for the benefit of the customer. I told them to post it because I knew damned well that somewhere down the line some idiot would balls things up. By posting, it is made more official.

 

Hope that clarifies things.

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many thanks....

 

... i think the thing that has really irked me in this instance has been the store managers attitude....

 

 

i don't know whether its PCW policy to fob people off in the hope that they will go away, or just that particular individual?

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Probably both. the problem is poorly trained and unmotivated staff, a lax attitude to complying with imbalanced law and insufficient enforcement (thanks to local councils stipping trading standards budgets and the government sticking its nose in an putting targets on trading standards to focus on).

 

His attitude is terrible, that much is certain. Put everything in writing and send by recorded delivery.

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