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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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Manufacturers fault not Currys problem.


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Thanks BazzaS.

I accidentally picked up a copy of a print of the store's log when I left. The first entry on the 'complaints log' off their Myriad computer system reads, "gary emailed Daniel Eggleton. tablet is in store and does have a manufactures fault".

Would that suffice?

 

Well done on getting hold of that. Would it be possible to scan it and post it on the forum please. It would be very interesting to see this kind of documentation.

 

In so far as the EU directive goes, it would be very interesting to see it enforced and I have seen at least a couple of cases reported on this forum over the years where the County Court judge would not accept it. I'm sure that this would be an incorrect decision of a County Court judge – but the people involved didn't want to go any further.

 

In fact I have never seen the EU directive implemented by any British court – at least not in so far as the two-year replacement guarantee goes

 

I have to take issue very slightly with what DX has said. I'm afraid that even with a manufacturers fault, a court would always take into account the amount of use that you have had from the item before considering an award. If you have had 12 months full use of the item – then this would be taken into account when calculating a reduced compensation.

 

It seems to me that offering you £150 against a new price of £250 after only one year's use, is not adequate at all. I think that you probably need to calculate a compensation value based on an expected life of about five years. That seems reasonable to me. That means that you would expect a 20% deduction from the price of a new replacement.

 

I think having obtained their documentation showing that there is a manufacturers fault is extremely useful and can be used to embarrass them and impress them even to giving you a full replacement price.

 

If you post the repair log up on this forum so that it is clear that everyone to see. This will create some pressure on them to deal with it properly.

 

If it remains a private matter simply between you and Curry's then there will be considerably less pressure and they will be much more likely to argue the toss.

 

However, if push comes to shove then it would probably be reasonable for you to accept £250 less 20%. However, stick your heels in, threaten a legal action, tell them that you will produce the log in court and that you will make sure that the press knows about it and tell them that it is already public information on this forum

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I think that directives have a direct effect even if they are not formally adopted and implemented

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pers i'd be I the shop tomorrow

with that bit of paper - manager please

 

you sayhere its a manu fault.

 

now i'd like to use my product this afternoon.

 

could you either give my refund

or

a new working one please.

 

thank you.

I agree. I would also take the recorder with me and make sure that I got everything down.

 

I wouldn't take the original of this document – just a copy so that you can leave it with them as well.

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