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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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I purchased a Van unfit for use from Brunel used commercials/The Van Hub. They are refusing a refund.


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When you say your letters were "... returned, refused" do you mean that you sent them recorded delivery  and they refused to sign for them, or do you just mean they rejected your claim?

 

For future reference - and you may still need to know it here - sending anything to someone that they are required to sign for is often a dead giveaway that it's something they won't want to receive - so they will refuse to accept it.  Probably better to send 1st class from a Post Office counter and get a free certificate of posting.  If you do that the Interpretation Act deems what you send to have been delivered two working days later - unless the addressee can prove they never received it.  As you can imagine, it is very very difficult for someone to prove they never received something sent to them.

 

I'm sure others will be along shortly to address your questions.

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  • BankFodder changed the title to I purchased a Van unfit for use from Brunel used commercials/The Van Hub. They are refusing a refund.
53 minutes ago, johnonymous said:

 

...

 

It is in the jurisdiction of Trading Standards rather than the Police, but individuals can only report to Citizens Advice who may then report the matter to Trading Standards.

 

As far as I can tell they have not and the people at the DVSA expressed surprise that Trading Standards had not been in touch.

 

Regardless of whether I get any money back it would be good to stop these people selling cars that could kill.

 

Something for you to bear in mind later: if you haven't already raised this with CAB and you haven't asked them to refer it to TS, then do so.  And if TS appear to do nothing complain, to one (or even all) of your local county councillors.

 

Unfortunately TS are utterly hopeless in respect of any service they provide to the consumers and council tax payers who fund them.  I spent a year as a trainee TS inspector in the mid 1980s and they were crap then, even though it was still possible for members of the public to "walk in" and talk to someone for advice.  Now they're even worse apparently...

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