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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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Boiler Cover Plan with @YourRepairUK **Resolved**


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I need some advice please for my mum (she's 85), sorry this post is long but have put as much detail as I can.
 
My mum has a boiler cover plan with YourRepair. It covers annual servicing. The boiler is about 12 years old and has been working fine. The service was carried out last week – YourRepair subcontracts the work to local plumbers. The engineer came last Tuesday. Whatever work he did resulted in the boiler pressure showing low and he reported 3 faults, saying he didn’t have any authorisation to fix anything but that the boiler was in a safe condition to be left even though the red button on it had started flashing. His report says it passed visual inspection and told my mum he’d left it in a safe condition despite showing low pressure and the red button flashing.
 
That evening, by brother detected a faint smell of burning. My mum went to bed and discovered the radiator behind her bed was mad hot so she went downstairs to turn the thermostat down (did this action save her life?)
 
Next morning mum noticed the boiler had stopped working. Spoke to YourRepair who arranged another engineer to come on Friday.
 
My mum started to feel sick and had difficulties breathing Wednesday and Thursday – and actually ended up calling an ambulance and was taken to hospital on Thursday. At the time we didn’t link any boiler problems with her feeling unwell.
 
2nd engineer from a different company came on Friday and gave a red notice to say the boiler was in an unsafe state and turned it off. He said he’s never seen a boiler being left in such a state as the internal wires had melted – hence the burning smell detected.
 
Spoke to YourRepair and they arranged a 3rd engineer from a different company to come out on Sunday. My brother was there and recorded the conversation on video. The engineer said that the 1st engineer had replaced a seal, but in doing so he had failed to tighten a nut which meant it was not compressing down on the heat exchanger, meaning the heat was escaping through the gap and systematically burnt through all the cables. He shook the inside to show how loose it was. He said that the boiler was ruined and mum would need a new one.
 
I spoke to YourRepair on Saturday and he said that there was nothing they could do and that mum would have to claim through the 1st engineer’s public liability insurance, as YourRepair legally couldn’t claim because it wasn’t their property damaged, it was my mums. They said a claim would typically be 3-4 weeks assuming it wasn’t contested so we would need to go through this process to claim the cost of a new boiler. All the while leaving my mum without heating or hot water.
 
I tried explaining that my mum’s contract is with YourRepair so we expect them to sort it – it’s them who brought in the 1st company, not us, so we expect them to sort it. But they maintain that the only solution is for us to claim under the 1st company’s PL insurance.
 
I’ve spoken to YourRepair again today who have organised for the manufacturers of the boiler to come on Wednesday as they seem to think they can fix the boiler. We’ll see. But if they can’t we’re back to square one.
 
There is a clause in the YourRepair contract stating “We may at any time transfer any or all our rights or responsibilities under this agreement to any other organisation. We will tell you as soon as we reasonably can if we do so. We may also subcontract anything we have agreed to do under this agreement. None of this affects your rights.”
 
Does that clause exempt YourRepair from being responsible for the cost of a new boiler?
 
Do we have no choice but to claim through the first company’s PL insurance ourselves?
 
My mum is 85 and this whole episode is stressing her out. Not to mention serious health and safety concerns - there could be a link to her being hospitalised if the boiler was omitting dangerous odours and if she hadnt gone and turned the thermostat down that evening and if the boiler didn't have inbuilt shut off safety features, the boiler could have caught fire overnight and burnt the house down..... What ifs, but the potential consequences are scary...
 
I’ve reported the first company to Gas Safe. They seem to have Gas Safe registration but in talking to the 2nd and 3rd engineers who have come out, they’ve both said they’ve never seen such a mess made to a boiler and can’t believe the engineer didn’t tighten that nut.
 
The report from the 1st engineer and the pictures he took clearly show that the nut was loose because of the gap in the screw thread. So we have enough evidence to pursue a claim as his own images show the nut that he failed to tighten. But we just want YourRepair to take responsibility and fix or replace the boiler for her.
I would like to know what our rights are. Thank you.
 
 
 
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ok. Surely if YourRepair are going to the trouble of getting the manufacturers out to try and fix it, both parties must think there is still life to be had out of it?   Or is that a possible red herring?

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good idea. She's always used these boiler plans but has recently switched over to YourRepair as they were cheaper.  So it's been serviced every year of its life 

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it's just typical isn't it?  She's probably spent hundreds and hundreds of pounds through the years on boiler cover and never had any problems and when she moved to a new provider, the problems start.

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  • BankFodder changed the title to Boiler Cover Plan with @YourRepairUK **Resolved**
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