Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

Advice please RE: Faulty goods testing (WITH A TWIST!)


Deadmeat
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6174 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

And that twist is...IM A RETAILER! BWAHAHA!

 

I've been lurking for a while and have found the posts very informed on this forum and thats why as a supplement to a question submitted to Trading Standards and the DTI, I though someone here might have prior knowledge.

 

Scenario:

 

Customer returns a PC component (lets say a CPU) and informs the retailer that it is faulty. The retailer then asks the customer to sign for the item to be booked in. This entails the customer writing themselves what the problem is and signing off on it. Checks (and any subsequent repairs) may take up to 3 days normally. If a replacement is needed it would be 6 days at the outside befiore it arrived. Goods were all bought in store. Goods have been returned with all accessories and proof of purchase (Purchased 5 months ago). So far so good.

 

Problem:

 

Customer refuses to allow CPU to be tested. Demands immediate replacement. We inform the customer that a machine will be free in about 60 minutes and we will begin testing. We will then supply a brand new CPU the instant we see a fault. We do explain that it may take up to 48 hours to find the fault. Customer refuses to accept this.

 

Solution?????

 

As a retailer, I dont really want to do a straight swap (I'll elaborate more if anyone cares to ask :) ) as if the CPU is NOT faulty, I can no longer sell it as new and will have to reduce it as second hand to get rid of it. However, I would ideally like to help this customer out.

 

Has anyone came across, as either a customer,

Link to post
Share on other sites

A retailer is fully entitled to test the goods for a fault, before issuing a refund, replacement, repair. As long as its testing in a reasonable amount of time. Seeing as within 6 months its upto the retailer to prove that a fault is not present, or was not present when purchased, they have to be given the opperunity to do so.

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.

Link to post
Share on other sites

A retailer is fully entitled to test the goods for a fault, before issuing a refund, replacement, repair. As long as its testing in a reasonable amount of time. Seeing as within 6 months its upto the retailer to prove that a fault is not present, or was not present when purchased, they have to be given the opperunity to do so.

 

Absolutely agree.

Link to post
Share on other sites

Totally agree with you.

 

There is a difference between being assertive and pushy, and your costumer is being the latter, IMO.

 

48 hours is being more than reasonable, and it is a "up to" anyway, and any other recourse customer tries for is going to take him longer, so I don't see what his problem is. :-?

 

(Only notable exception I could think of would be "no-quibble guarantees", but these are only for about 14 or 28 days max anyway)

Link to post
Share on other sites

I would write to the customer detailing the situation and action taken so far, and that under the circumstances, you are unable to take any further action. If the customer complains to Trading Standards, you will have something to show that you have done everything you can. If I received teh complaint, I would be telling the customer to get their head out of their a**e.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...