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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
      • 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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car did not have full service history as advertised


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You are figting this on a breach of contract. You made a contract that you would buy x car with a full dealer service history and what you have received is not a 'full' dealer service history.

He agreed to £300 being witheld until said service history was supplied, so that is what he must have valued the service history at.

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But then that is his will so if he dosen't want to drop it then go for what you can get out of it and turn the tables so to speak.

 

 

The problem with 'going for what you can get' is that you will be seen to be trying to profit from it. Courts don't like that and certainly won't help you to do it, in fact it may annoy them and they dismiss your claim outright awarding all costs to the claimant.

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This throws a completely different light on things and I suggest you go back to the dealer

with the £300 in your hand and get the correct service book. End of case.

Edited by Conniff
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There is a difference in full service history and full service in accordance with Volvo servicing schedule.

 

If it has only been serviced once in it's life and has one stamp in the book, then it has full service history.

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If you look at this logically, the advert got him to see the car, but it wasn't the inducement to buy it.

 

Hard one this, I'm unsure which way to go.

 

If there are 4 services missing because it wasn't serviced, but stamped when it was serviced, then the history is complete. This is the full history according to the dealer.

Edited by Conniff
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It is a history of the servicing that has been carried out, 'the service history', not a guarantee that all services as per the makers recommendation have been done.

 

If it had only been serviced once in 100,000 miles and that one service was in the book, then that is the full service history.

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