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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
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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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COMET *washer just over one month old*


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We purchased an indesit washer for use in father in laws small dry cleaner business. The purchase was from COmet and we told them that it was to be delivered to the shop and they agreed to install it. This was the latter part of January 2011.

 

The washing machine has stopped working and the engineer came out. He stated it needed about £150 of repairs and that the warranty would not cover it as it was being used in a shop.

 

Comet knew this from the start, they fitted it and did not ask us to sign any disclaimer about it being used in the dry cleaning shop.

 

Where do we stand legally as we have a one month old none working washing machine that allegedly has no warranty?

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Hi,

 

I do not see what difference it makes as to where it is used, at the end of the day the product is faulty.

I would telephone Indesit/Hotpoint and ask them if they would normally cover it under their guarantee had it have been purchased else where. I know they have some sort of deal with Comet and so you have to have all repairs under the first years guarantee done by comet, but is it just another cop out by Comet??

 

If it needed so much money spent in repairs it sounds like it was faulty to start with.

 

Have you tried using the sale of goods act, it has not worked for me but you could give it a go.

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I'd be interested in knowing the outcome of this.

 

It is my understanding that domestic use machines (such as those sold by Comet/Currys etc..) are just for that. Domestic use only and do not have a commercial use warranty. The Sale of Goods Act really does not apply here since it states (in very simple terms) an appliance should be fit for purpose - the purpose of this machine is domestic use and the handbook will state this. If it used in a contrary manner then really there is little comeback for the consumer.

 

Probably not what you wanted to hear but I think you will find this is the case.

 

Commercial use - as far as a warranty is concerned - would be installed and used in a commercial premises, regardless of the amount of use.

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