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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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Rug bought online looks nothing like it did on the website?


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if the item isnt as stated, and there isnt a disclaimer saying that a substitute may be made, then they should refund. And should be at their expense as they made the mistake.

 

this is correct. However, are you sure that it's not a question of your monitor displaying colours rather differently?

 

I would suggest that you do a screenshot of the webpage and then also take a photograph of the rug. Compare the two photographs on your monitor and also you could post photographs here – although in PDF format and we can have a look for ourselves.

 

If the discrepancy is simply a question of monitor calibration then you certainly won't be able to return the rug because of any mis-description.

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Is this a handmade rug or machine made?

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Yes, I see that there are substantial discrepancies. I thought maybe that it was a handmade rug because one image shows that there are apparent flaws in the rug and the second photo – the one which presumably is the advertised photo shows that the rug is perfect.

 

On the basis of what I see in the photos, the issue is far more than a question of the colour. It is a question of substantial imperfections in the rug.

 

Frankly I thought that it was a handmade rug because with handmade nomadic rugs where the looms are packed up and then moved to the next grazing ground and then reassembled, they are never reassembled completely perfectly so that alignments in the weave and so forth can often be upset. Also if the weaver runs out of dye and then has to get more die or mix up more dye, the colours may not accurately match the ones that have been you so far. These idiosyncrasies actually add charm and value to the rug.

 

However, the flaws which appear in the photograph of the rug which you have been sent are really very serious.

 

I think you are quite justified in claiming that the rug you received does not match the description of the one you bought. In fact if it is a machinemade rug then presumably identical rugs are made very easily and it seems to me that you have probably been supplied with the rug which is not the one you contracted for. With handmade rugs this would not be possible because each one is unique

 

The problem is how to approach the seller. If you simply say that you refuse to send the rug back until they guarantee your costs then I can promise you that you will end up with the rug on your hands and you won't make any headway. I think the thing to do is to get rid of the rug as quickly as possible so that you minimise your losses. This means that you have to bite the bullet on the expenses of sending it back at the moment. Write to them immediately and tell them you are rejecting the rug and you want their instructions to return. Make sure that they have this letter in email form and also recorded delivery so there is no doubt.

 

Once you have returned the rug then you can set about recovering your costs – although I'm afraid that you may feel at the end that it's not worthwhile. However, if you wanted to bring a small claim on this then I would say that your chances of winning are much better than 95% and also they will probably put their hands up.

 

Companies like this often get very worried about the reputation and so in addition to naming and shaming them on this forum I would suggest that you go around the Internet and giving them reviews on various other websites. Let them know that this is what you are doing and you will probably find there will be more compliant. However, only do this once you have returned the rug to them and you have received at least your purchase price.

 

In the end you are entitled to be put back into the position that you would have been had the contract not been carried out and this means that you are entitled to all of your expenses including delivery to you and the cost of returning. However this will be a separate fight. For the moment, get rid of the rug. It really doesn't look very nice at all.

 

Are you in London?

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Thank you for your reply BanlFodder, yes that is the correct company modern-rugs.co.uk. Thank you for the detailed information you have provided. I think you are correct, I do just need to send it back and get my refund. I have considered refusing to pay for the return delivery but I would be very worried that once the 14 day return period elapsed they would simply refuse any refund.

 

I will do as you say and return the item asap and try to recover my money including the delivery charge, I will read up on the small claims proccedure. Would involving trading standards be of any help I wonder?

 

Anyway thank you again for your help. Oh and no I am not in London at this time but living in Scotland.

Trading Standards will be next to useless. The only person you can depend on here is you...and us.

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Thanks for the thanks. We are all a team here – the site team and also all the people who come here and offer advice to other people. So really it's a big thanks to everyone

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