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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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Defective building work - builder disputing


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What is the value of the contracted work?
What is the value of the remedial work intended to address the defects?
Have you incurred any other losses because of the delays all the independent assessment? Maybe you could list them out.

What is the name of the builder?

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So the value of the contract was £80,000

You had an independent inspection which cost you £1500 you had no quotes yet for the cost of remedial work.

I think there is very little you can do until you understand what is going to cost you to put things right.

I understand very well that this time of year it may be difficult but you better move this along as a priority.

In the meantime, keep a close detail on the expenses you incur and also the amount of time that you spend dealing with this – even learning about it or visiting this forum.

If the remedial cost is less than £10,000 then you would be looking at a claim which goes onto the small claims track – assuming that it has to go to court. The small claims track means that even if you lose you won't be liable for the other side's costs. However if the claim exceeds £10,000 then it would normally go on to the fast track and this means that you would be liable for a substantial amount of the other side's costs if you lost.

Even if you win your case – which on the basis of what you say seems pretty likely – you then have the problem of enforcement and so you need to make enquiries as to the assets of the company.

They seem to be very well established – 2007 – accounts up-to-date – but the strange thing is that there only seems to be three reviews available and for a company which had been going that long, one would expect several hundreds – a mixture of good and bad.

I always treat good reviews with scepticism and I'm always more interested in the three star reviews, the two star reviews and the one star reviews – but here there is very little to go on.

You say that you are considering going to a solicitor. I would hold off for the moment and let's see what we can find out and advise here. The more work you do for yourself than the less money you will have to pay to a solicitor – but don't imagine that if you win, you are going to have all your solicitors costs covered.
It doesn't work that way. You simply get reasonable costs covered and the rest you have to bear yourself.

Also, solicitors aren't very agile in their approach and you could end up in several months of exchange of correspondence before finally your solicitor decided that maybe it was time to bring a claim.

You will find that we tend to take a rather more assertive and aggressive approach once we are certain that you have got a substantial chance of winning.

You had better set about getting quotes for the work – and of course in the end you may even have to get another independent assessment. But not yet.

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Please will you notice that my site team colleague has had to restructure your first post to introduce spacing to make it more readable and I have just had to do the same thing with your most recent post.

We would prefer not to have to do this

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Although they own the property, it doesn't mean that it is a company asset.

 

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