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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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Return Goods problem


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Hi

 

 

We have several things from Brighthouse and we dont have OSC....

 

We got something else around 3 months ago and its never been right ... cough cough Acer .... My question is I just want them to take it back , I dont want a replacement and I dont want them to try and fix it , basically its junk to give so many problems in such little time.

 

They are saying I cant give it back , but I need to know if thats true or if theres anything I can do. Ive paid up to date on the other items I am just refusing to pay anymore for this piece of junk ...

 

Any Advice ??

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Hi

 

The Supply of Goods (implied Terms) Act, which is the hire purchase version of the Sales of Goods Act, states that where you have issue with faulty items, you have a process to go through.

 

I believe that in the forst 28 days, you are entitled to return the item and be done with, if a problem occurs.

 

After this, you have to first give them reasonable opportunity to fix the problem. If they can't the next option is to replace it altogether, then you can ask for it to be returned and refunded. It is usually up to the supplier to decide which is the most viable of the latter 2 options.

 

I need someone with more in depth legal knowledge of the act to confirm this, but don't worry about not having OSC, you were wise not to have it and the law should be enough to help you on this one.

 

You say that you have only had the item 3 months? When did faults first occur and what was the outcome and what has happened since?

 

PJ

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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Hi

 

 

The problems really started with it being minor after about 3 or 4 weeks of owning it , but as they didnt really pose a problem as it was only doing it around once a week we thought nothing of it, and now obviously the problem has gotten worse.

 

Dont know whether I'm right or wrong but Im just sick of this piece of junk and want it returned. I dont want a replacement or them to fix it as it would probably just have different problems in the future as there are plenty of people on here had problems with Acer equipment.

 

I have though paid and kept up to date with every other item I have from them , so am I right in guessing the only problem they could give me would be with the laptop. Or could they start to cause me problems with the other items too.

 

Ive rung head office and they have now put it in the hands of the regional manager to work out and get back to me.

 

The last time I had to get in touch with head office was when the store refused to have another item repaired as they said sorry you don't have OSC so get it fixed yourself. Head office then went over their head and had it repaired.

 

I do find the store manager has quite a bad attitude yet Ive never had a problem with Head Office.

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From what I gather here, you're having too many problems with one item and I don't see how BH can say no, to you simply returning this item, whether the terms of your agreement state it or not.

 

I can recall many such incidents like this with TIME computers when I worked there. And people would just turn up at the store and give them back and tell us to deal with it, but they weren't paying anymore for it.

 

Considering you are an established customer, and you are not behind with any of your other agreements, then I think they should bend and allow you to return the item. I would recommend you contact with Head Office though, especially as you have found this is the only way to get things done in the past.

 

Let us know how you get on.

 

PJ

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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