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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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Xbox Store Purchase - refund declined @XboxSupport


Mervia56
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My son made a purchase of digital content through the Xbox Store using his Microsoft account credit, however the digital content did not materialise on to the game it was for.

 

He submitted a refund request to be told he had 'exceeded' the amount refunds allowed in a year... which was 2.  We submitted another refund request on the basis that if goods (even digital) are not delivered, they should be refunded, regardless of the amount of times it has happened previously.

 

The 2nd request was also declined.

 

We've submitted a 3rd request today which I'm expecting to be declined again, however for me this behaviour does not seem either fair nor legal to decline a refund in a reasonable situation where the goods have not be delivered - regardless of how many times a refund has been granted in the past.

 

Can anyone point me in the right direction as to how I can take this action further?   The monetary value is low (£7.99) but to a 12 year old who has spent his (earned) pocket money on goods that are not received, its the principal of standing up for himself when something is not right (at least in our eyes).

 

Does anyone have experience of this kind of practice of online digital content providers applying a blanket refund policy without actually considering the validity of a refund?

 

Hoping you can help! :-)

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Thanks for the response - it is a shame that such things can't be deferred for a bit longer but as he now has his own prepaid card card for making purchases and receiving pocket money, its likely to occur more in the future I fear!

 

I'll wait the 72 hours or so they give themselves to respond to such requests and take it from there, thanks again!

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So Xbox support came back to me with the expected decline of my request for the refund.  They cited the fact that the purchase occurred more than 14 days ago which goes against their refund policy.  So I've now had three refusals to refund for two different reasons.

 

I think I now need to show them we are serious and send them something more formal.  Would this be a letter of claim or is there anther step before that?

 

I've also been trying to figure out where to send any further correspondence as at present its all been done their online messaging platform, which doesn't feel formal enough...

 

 

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