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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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Stratstone - Issues with in car electronics linking to phone since taking delivery


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I understand from your post that you have had the car less than 6 months .

 

If a defect manifests itself within the first 6 months, then you have the right to insist on a repair after which you are entitled to reject the vehicle .

 

You should assert your right by writing to the dealer and explaining to them that they have a single opportunity to complete the repair otherwise you are rejecting the vehicle and you want a full refund including all costs incurred so far .

 

Even if this is not the path that you eventually take, you should certainly cover yourself by sending the letter immediately.

First class recorded delivery and also by email.

 

 

 

 

 

You say that you saved up for the vehicle. Did you pay for it by cash ?

 

What is the name of the dealer?

 

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So this is financed on a consumer credit act agreement loan – or is it on hire purchase?

What you want to do? Do you want to get rid of the car? Or do you want to continue with it and get it fixed.

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  • dx100uk changed the title to Stratstone - Issues with in car electronics linking to phone since taking delivery
  • 3 weeks later...

Thanks for letting us know – and as my site team colleague above has said, it would be useful to know the story at the end.



 

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I will have to reflect on this but I certainly think that you should write to the original dealer and tell them that the car is now being examined and will be repaired by xxx The new people.

 

You are putting them on notice about this and if they have any objections then they should let you know within the next 5 days

 

 

 

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