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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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Data protection advice needed!!!


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I have a 18 month old washing machine I am trying to get repaired or replaced under The Sale of Goods Act. It was repaired at 4 months old By Hotpoint the manufacturer under their 12 month warranty.

At 14 months old the same fault, plus 2 others came back.

The main door opens whilst on, the rubbers are covered in black mould and the weights inside the machine have come loose again...

I wrote to Hotpoint, who said it was out of warranty!

I then wrote to Tower Radio the supplier who ignored 2 letters. I sent a third and finally received a reply.

 

They have quoted parts of my letter to Hotpoint and Hotpoints reply to me. They have said that Hotpoint gave them all my information and a copy of the engineers report!

Surely this is a breach of The data protection act by Hotpoint??

The retailer did not have anything to do with the repair under warranty, so what right did Hotpoint have to give out my data??

The retailer is refusing to repair or replace the machine under 'the sale of goods act'.

They just say it is out of warranty and any guarentee.....

But at a cost of £379, 18 months ago, I am shocked that the manufacturer and retailer are not trying to sort this out!

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I don't know about the Data Protection Act, but The Sale of Goods Act should cover an appliance for 5 (or is it 6 ?) years after purchase. The warranty is against the manufacturer, but The Sale of Goods Act can be used against the store itself.

 

I had a similar scenario with Comet and a dishwasher some years ago.... and it was finally repaired free of charge.... although they put up quite a fight ! How did you pay for your machine ? If is was by credit card, then you should be able to make a claim through your credit card provider. I make all my major purchases by cc these days....

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Unfortunately I paid by switch card, as I had the cash at the time...

I am insisting that they repair the machine, as Hotpoint give 5 years free parts warranty.....So all it will cost Tower Radio is the labour!

It was the fact that Hotpoint also gave copies of all my details and correspondance to the retailer....

None of which had anything to do with them!

Just another bit of ammunition for me though......lol

I reported to Consumer Direct yesterday, they are getting trading standards to contact me next week.....

Who do I see about The Data Protection Act??

Anyone got any idea's??

Russ

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