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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.

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      Many thanks 
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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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My Acer experience - help please!


kizkiz
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A pretty long story this one...

 

I bought an Acer Aspire laptop almost 2 years ago now. It worked perfectly until about a month ago when something in the computer (a computer literate friend informed me it was probably the fan) began to make a loud whirring/grinding noise on and off. This increased in frequency and loudness over the next week or so then the computer began to freeze and crash. Eventually it got to the point I would turn on the computer, it would immediately make the noise, begin to start up for about 20 secs then bluescreen and crash with some very scary error messages eg. 'fatal error' etc. So it was completely unusable. Typical luck, this was in the middle of my university exams!

 

Have a 3 year warranty, so phoned Acer, sent it away to them. Got it back within a week, which I thought at the time was fantastic. However I had some doubts when the repair report just said that the computer had powered on fine, and that the engineer had just cleaned the fan and then sent it back.

 

Turned on the laptop and immediately I heard the noise again - fainter, yes, but there. The computer seemed to work ok though at the time. However, it is now 2 weeks later and the computer has begun to do the exact same thing again, but with worse error messages eg.' SMART disk error, your hard disk is about to fail, immediately back up all your data' etc. It is once again completely unusable!

 

So I phoned Acer up again, told them I needed to send it back and said that they hadn't fixed it properly the first time. At this point the guy on the other end of the phone became very rude and told me that the first time I had send it to them there had been nothing wrong with my laptop (!), and that if I send it to them again with nothing wrong with it they would charge me!!

 

My first problem is obviously that there was most DEFINITELY something wrong with my laptop the first time around. I had taken it to a computer shop to get an opinion before I send it off and they stated that the fan was almost certainly malfunctioning. However, I didn't get this in writing :( I would think that any computer that bluescreens repeatedly with no warning isn't exactly normal. I had also told Acer in the problem description that the computer was bluescreening and shutting down - and I definitely got the feeling from the guy on the other side of the phone that he thought I had just been making the whole thing up.

 

I asked the guy on the phone if I could send in a letter from a computer engineer stating that there WAS a problem and what it most likely was - and he just told me flat out that 'We only listen to our own engineers, it wouldn't be worth anything.' Well obviously their own engineers are idiots.

 

I am almost scared to send back the machine to them again - what if once again they 'find nothing wrong with it?' and demand payment? Can they do that under warranty? (maybe they could if it was a frivolous claim but my computer was unusable - hardly a frivolous claim!)

 

Needless to say I am not going to pay if that happens, so what course of action would be open to me in that case? I am obviously going to gather letters from computer experts before I send it off again so I can take action against them if need be.

 

So I now have zero confidence in Acer - I suggest anyone out there who is considering buying one of their machines stays WELL AWAY.

 

Anyone out there with a similar experience? How did you resolve the situation? Any help would be greatly appreciated, many thanks.

 

- An Impoverished Student

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You will have to get an independent report. Write to Acer recorded, give a succinct chronological account of everything that has happened so far including your contacts with them and what has been said by each party. Don't refer to rudeness etc. Try to keep it objective and non-accusing. Put them on notice that you are about to get the report. Give them 10 days to object and tell them that if the report says that there is a fault that you will expect Acer to pay for the report as well.

 

A good idea would be to video the computer demonstrating the fault and making sure that the noise is audible on the film.

 

Get the report and an estimate for repairs - or an opinion that the computer is beyond repair.

 

 

 

Send a copy to Acer with 14 days to respond or you will take legal action. If they don't respond then send them the Good News. that will probably make them leap into action and start taking you seriously.

 

let us kow how it goes.

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By the way, I use an Acer laptop when I am away and I have a very good experience of it. However, I agree that the company are not great to deal with

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If Acer refuses to deal with it under warranty, surely OP should be able to seek redress under SOGA through Comet?

Edited by Bookworm
changed my mind about what I was saying in the first place. :-D
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