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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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PC World LOSES LAPTOP ********WON********


vonjamia
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I recently took my Laptop into PC World and purchased a new external hard drive from them and asked them to do a data/software recovery as i had many photos of my new grandson on the laptop and did not want anything happening to them if i had a problem. Also i had lots of downloaded music and software, and irreplaceable scanned copies of family members etc.

After a 3 weeks i had heard nothing so i rang them and they informed me they had lost the laptop and hard drive.

They told me i would get a voucher for a replacement laptop, whic i recieved but when i asked about them replacing the lost software from their stock and compensating me for the loss of music downloads and software,they told me " you should have had it backed up so its down to me" i was not only dumbfounded but furious as i took it to them, the so called experts, to do the back up for me.

The store manager agreed with me as did the 3 other managers i spoke to over the coming days, but head office have said NO i have spoken to Consumer direct, who agree with me that they have failed to take reasonable care etc etc but after 3 letters to Dixons, they have said tuff titty.

So i am now in the process of taking them to court with there reply to my statement was " i intend to defend this whole claim"

 

Has anyone else had this sort of problem?

you can follow their new director, David Camerons mate on twitter, sebastian james

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I mean its one thing being upset if they lost your lappy whist awaiting repair and had not backed up, but you were using a specific service to back up to a hard drive so cant see how they could argue re no replacing the data. Probably just trying to hope you will go away.

 

Have you thought about doing some covert/recorded calls calls to pc world stores and ask them about this service, what is offered for the money and what their responsibilities would be re the fact they know you have no other back up as tell them that, hence see if they reassure you they will take all responsibilities re your data.

 

If they do say we would take responsibility then go back to head office and ask for their response telling them why you had to record covertly. I mean thats what I would do anyhow xx

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This must be quite common and I suspect it says somewhere in their T & C's that they will not be responsible for consequential loss, otherwise, for example, it could be vital business data worth £100,000's which PC World could be liable.

 

Did you receive any T & C's when you took it in or were you pointed to any ?

 

A couple of things though, Hard Drives do get worn out, die, break, get lost, etc so everyone really should back up important data, also why oh why do people take PC's to PC World to be prepared, they are well known for being absolut clueless idiots.

 

Andy

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  • 2 months later...

the case went to mediation on monday....................what a waste of time...........the woman seemed like she just wanted me to agree with pc world and accept £200;00 compensation, like she was on commision to get cases settled. Got a court date for late october. I went into a pc world and they put it in writing that if they lost laptop they would replace it, also said in writing that they would compensate me for loss of data and replace any lost software. When PC World found out that the manager had put it in writing they just said he was not authorised to do so. I just think that if the shop manager says all that in writing, then they should be liable and must be breaking the law as when the situation arrises and they do lose the laptop it must be under false pretences. Not bothered about going to court, i just wish Dixon's would have been strong enough to jujst stand up and be counted. It is not like i am asking for loads of money i just want them to replace my software.

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  • 2 weeks later...

incommutent does not even scratch the surface. Their solicitor keeps referring the fact that they have only misplaced it. They sent me a few sheets that they downloaded off the net regarding loss of software etc and it actually proved my point in as much as if you own a piece of software and purchased it legally, then it can only exist on one computer at a time as per the license. My point to them is that it is still in existence on the lost laptop so if i reloaded it onto a new laptop i would in fact be breaking the law. Also redownloading of itunes is again only legal to put it onto a second computer if you reside in the US. I am due to go to court end of October and will let you know what happens.Also mediation total waste of time. The woman i spoke to seemed to be giving her opinion on the case rather than being an impartial go between. I think they believe that they are some sort of legal eagle's who have to get the case settled as if on commision.

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  • 3 months later...

took my case to court and WON with the judge telling PC World legal representative that they should have settled this case ages ago and most importantly..........the judge said that PC World were liable for loss of Data and Software as although it states in Dixons Terms and conditions that data SHOULD be backed up, it is not a condition that the data and software IS backed up, it is only a reccomendation, so if it is not backed up for any reason, DIXONS GROUP are still liable. Got all my fees returned and PC World had to pay for all loss of data and software, legal representative, left with a flea in his ear and tail between his legs.

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is there any way to see the court records i know alot of people who would be intrested in this

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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is there any way to see the court records i know alot of people who would be intrested in this

 

Various tribunals and higheer courts are printed online. But im not sure about small claims, they are recorded/dictated by the judge but not sure if they are always typed up/available, I recall reading once a guy who wanted his typed up but it would cost £100's to do !

 

Andy

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darn it

 

theyve failed to return a hdd i requested which has alot of photos on etc

 

thought i could use it as a large stick to hit them with

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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