Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

dont know where to post this but i will try here


n3llyo
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4633 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

a long winded moan about comets ;

 

on 6th august 2011 mid wash my indesit washing machine stopped we called the repairs department .

 

we had to wait 11 days to get an engineer so that was 17th AUGUST

 

.he came took one look and said i need to order parts they will take a maximum of 10 days,

 

finally after countless telephone calls on the 13th of SEPTEMBER an engineer and the parts turned up .

 

he fiddled with the machine, left it going on spin cycle and left ,TWO MINUTES after it stopped we called him back

he said he had a full schedule but would come back sometime after six that evening

 

he said it must be the drum brushes

fitted new ones and left

 

i managed to get through two loads

(ive a family of six and had been on holiday

so had four suitcases full of laundry to get on with

at the time my sister in law was also staying with us as she was house sitting

and looking after my terminaly ill father in law

who was being cared for at our house whilst we were away )

 

half way through the third load my kitchen turned into an indoor swimming pool as water by passed the drum as the filling process begun and went straight through to the floor.

 

next day we called comet told them their engineer had not fixed the problem

and infact had made matters worse

 

they gave us a new appointment giving us a scheduled visit for that thursday 15th

 

,on the morning of the visit the bloke phoned to make sure we were going to be at home

 

,we waited in all day then at 6 oclock that evening he called said he was stuck in traffic and wouldnt come

 

.we called comet told them

they said they were sorry and said next avaliable call out was the following tuesday

(their bloke cancels and they cant fit us in for another five days fantastic customer service yet again)

 

he came that tuesday morning

fiddled with the machine

said it was done and went

still having suitcases full of stuff i "happily" started my laundry

 

got through two loads of washing and then mid way through the 3rd wash it sounded like i was washing a pile of ball bearings ,

metal shards and concrete as a terrible noise emitted from the machine which was nicely accompanied by the aroma of burning metal as the drum had falling out of its craddle .

 

next morning we were back on the phone congratulating the company on sending out another engineer who never knew what they were doing,

during that talk an appointment was made for a third engineer to call that friday morning ,

(we were also told a new washing machine would be a compromise for all this distress )

 

not only did we not get a new washing machine on the friday we didnt get an engineer ,

we had made two calls that friday confirming an engineer was coming to be told he was .

 

when we called the next morning to ask what had happened

we were told on the computer notes it just said the operator never heard the call due to a bad connection

and thought we had just asked what time they shut why they had needed to ask name address etc

if that was the case ive no idea also is n`t it standard if the line is "bad"

and you couldnt hear what was said you actually ask the caller to repeat themselves?

 

we were put through to two managers a complaints department and a "directors department"(?) for their apologies

which meant naff all they said we were an emercency case but still had to wait till the wednesday the 28th of september for the next engineer to come

( my wife actually had to cut short the conversation because the visiting district nurse at my house had to inform her ,her father had just died in his bed in our sitting room )

 

on the 28th a "top" engineer called

he pulled the washing machine apart openly criticized the work that had been done

said the first engineer had caused the problem by twisting the drum fittings

he "fixed" all the problems got it working and went on his merry way

 

i happily got on with my washing singing a tunefull ditty in the wonderment of being able to actually wash

the clothes that had been sitting in the garden in a suitcase since the return home from holiday

 

i got through three washes and the drum fell out of my washing machine .

 

thursday morning comet got a call

we got the normal "mean nothing " apology's and was told they were on the case and a top brass manger would phone us with in a few hours to get things sorted

we waited patiently all day by the phone and no one called ,

so we phoned them and was told the person on the phone had not `escalated ` our issue

and hadnt noted they had promised a managers call once again proving outstanding costumer service .

so after several calls to the service centre , managers calls, directors calls i still have no washing machine

 

THANKS COMET!

Link to post
Share on other sites

Comet are in breech for not repairing the item within a reasonable time and for causing significant inconvenience. As such you are fully within your rights to request a partial refund (though I would be asking for compensation in addition) or a replacement (and I would still be asking for the compensation).

 

This right comes under S.48C and D of The Sales of Goods Act 1979

 

Reduction of purchase price or rescission of contract

 

(1)If section 48A above applies, the buyer may—

 

(a)require the seller to reduce the purchase price of the goods in question to the buyer by an appropriate amount, or

 

(b)rescind the contract with regard to those goods,

 

if the condition in subsection (2) below is satisfied.

(2)The condition is that—

 

(a)by virtue of section 48B(3) above the buyer may require neither repair nor replacement of the goods; or

 

(b)the buyer has required the seller to repair or replace the goods, but the seller is in breach of the requirement of section 48B(2)(a) above to do so within a reasonable time and without significant inconvenience to the buyer.

 

(3)For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him

 

Relation to other remedies etc.

(1)If the buyer requires the seller to repair or replace the goods the buyer must not act under subsection (2) until he has given the seller a reasonable time in which to repair or replace (as the case may be) the goods.

 

(2)The buyer acts under this subsection if—

 

(a)in England and Wales or Northern Ireland he rejects the goods and terminates the contract for breach of condition;

 

(b)in Scotland he rejects any goods delivered under the contract and treats it as repudiated;

 

©he requires the goods to be replaced or repaired (as the case may be).

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

Link to post
Share on other sites

Two Words.............. BBC Watchdog! http://www.bbc.co.uk/watchdog/

 

By the way, welcome to the mad house :welcome:

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...