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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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Wowcher bought voucher for bed company Komfet


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I'm not so sure about fitness for purpose. It would have to be shown  that it could not be used as a  bed by any reasonable person.

 

it is the supplier's responsibility to make arrangements to remove the bed at their expense.

 

however if this delays things and clearly you want the bed out of your home then the best thing to do is to start making your own arrangements even if that means renting a van.

 

The important thing is to let them know in advance what you were doing and what the cost will be and to let them know in advance that because they are not cooperating you will incurred this cost, you will return the bed and you will then seek to recover the money from them.

 

It is important to maintain a paper trail at all times so that the supplier is fully aware of what you are doing and in every letter you make it clear that the steps you are taking are because of their lack of cooperation.

 

You have to hire a van and take the bed back yourself then you should also let them know that you will be charging them and hourly rate of , say, £20 in addition to the cost of the hire fee, petrol and any other expenses.

 

Once you have  done all this and you have got rid of the bed then come back here and let us know what your losses are and we will help you recover them full stop

 

You may have to go to court but your chances of success are much better than 9 as long as you have kept a good paper trail.

 

Make sure that you let them know in writing that you have rejected the bed under the distance selling rules. You should do this immediately.  in your letter of rejection you should refer to the first time you informed them about this which if it was by telephone make sure that your letter points out that it was in a telephone call and give the date that you let them know.

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the best thing you can do to sort out the problem is to make sure that you have a paper trail showing that you have tried to return the bed within 14-days. Then make your own arrangements to return the bed and then sue them for all the expenses you have incurred full stop

 

 we will help you and the claim will be quite straightforward with chances of winning better than 95%. You will recover all your fees at the same time and it will be a good learning experience for you.

 

 

 

 

 

 

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