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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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Entwistle Green estate agents Fee


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You haven't told us anything about where this contract was made. Was it at your home?

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So the whole transaction was conducted as a result of the visit to your home and the contract was signed at your home.

Were you supplied with any other information/pamphlets/terms and conditions – anything?

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Well you are not bound by any of this. It is all subject to the distance selling rules. This is an off-premises contract and apart from having 14 days cooling off with no penalties at all, the cooling off period would only begin when they have satisfied all the regulations concerning information that they have to give you including cooling off details and cancellation details.

https://www.legislation.gov.uk/uksi/2013/3134/regulation/6/made

Have they actually sent you a message chasing you for the money? Have you told them that you are not going ahead with it?

What is the name of the person came to visit you at your home?
 

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Don't fill in any of their forms. Simply send them a written note telling them that you're cancelling.

Don't give them any explanation. Keep the note short and don't apologise. Wait for them to make the next move.

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Obviously they won't have received your cancellation letter if it was sent on Saturday. Send them an email copy of the letter you sent them on Saturday and point out to them that you have cancelled the contract on XXX date and that they would be advised not to list the property or to make an appointment with a photographer because it will be a waste of their money.
I suggest that you do that today – this morning

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