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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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Darknezz
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Looking for advice really please as to what i should do,

Anyways, Bought a laptop 3 yrs ago for gaming and work and tbh just wanted a high spec laptop. Warranty was nearing its end.

Over the last few yrs it had been in and out of repair with various problems from blown motherboard to graphic card, but 6 weeks ago my lappie just stopped working, so i phoned up there support and it was collected next day, i asked them roughly how long would i be expecting my laptop to be returned back to me and was told 10-12 working days, needless to say 12 came and went, this then resulted in a number of calls to there support to try and find out what was wrong with it and when i could get it back as i now had no laptop for work, but each time i would get same answer that someone would call me back, and needless to say no calls and no progress as to when i would expect the return of my laptop.

This week i finally get a call back from someone in support to say that my laptop had been lost and they would look into replacing it and look to compensate me for my loss.

Today i get a call to say they would replace it with what is there budget range model ( as what had been pointed out was) mine was 3

yrs old and the specs of this new one were slightly better than mine. Also my laptop cost me £1100 the one they want to offer me is £600.

The reason i never bought the laptop they were offering me in the first place was that i didn't like the look of it or the specs and still didnt.

I sorta feel im being railroaded into taking a laptop i just downt want, can they do this?

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I wouyld think that as long as the model they are offering does everything your old one did and has an equal or better specification you would have to accept that. The prices of PCs have come down, so it is probable that what you paid for 3 yrs ago is a lot cheaper nowadays.

Make sure that the compensation allows for your time to reload all your software an dreproduce any lost documents. Also check that any preloaded software that came with your laptop when you first bought it, is installed on the new laptop.

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I wouyld think that as long as the model they are offering does everything your old one did and has an equal or better specification you would have to accept that. The prices of PCs have come down, so it is probable that what you paid for 3 yrs ago is a lot cheaper nowadays.

Make sure that the compensation allows for your time to reload all your software an dreproduce any lost documents. Also check that any preloaded software that came with your laptop when you first bought it, is installed on the new laptop.

 

They'll just refer to the PC Performance agreement and advise that software and consequential losses are not covered.

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They'll just refer to the PC Performance agreement and advise that software and consequential losses are not covered.

 

So what? This is a tortious claim, not a warranty claim. Does the PC Performance agreement attempt to limit any liability arising out of their negligence?

If in doubt read the

FAQs

 

If still in doubt - ask!

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Ok then. They won't refer to the PC performance agreement. Please accept my apologies.

 

I am wrong. How stupid of me to think such a thing.

 

I only just realised companys place terms and conditions there just solely to ignore them when such occasions arise.

 

They do it to try and fob off the uninformed. Just because they claim it somewhere doesn't make it true.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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  • 3 weeks later...

Yes generally they will only repace like for like so your spec is covered but ocassionally you can argue the point over the aesthetics of a product etc. Sometimes if you push you may get a little more out of the replacement they offer you, but only if you are nice and not rude.

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Ok then. They won't refer to the PC performance agreement. Please accept my apologies.

 

I am wrong. How stupid of me to think such a thing.

 

I only just realised companys place terms and conditions there just solely to ignore them when such occasions arise.

 

I think that you may be missing the point.

 

If the laptop was faulty and unrepairable, then their PC Performance agreement would apply. However, in this case they have been negligent and lost the laptop - this is entirely outside of their agreement and nobody can limit claims for negligence.

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Hi Darknezz.

 

My first post on here... Woohoo...

 

I used to work for the Tech Guys (dum dum deeeeer), so I know what I'm on about and the policies that exist within the DSG group.

 

I don't know the status of your machine at the moment, well I'll take a wild stab in the dark and say that it's still 'lost' at mansfield....

 

They have offered a replacement which is basically the equivalent spec of the machine you originally purchased, I know I'm kinda going over old ground here that people mentioned but I thought I'd make my first post a big-ish one lol.

 

It's basically like a car, if I bought a brand new motor today, and 3 years down the line I traded it in, I woudn't get the original value, it's the same with anything really, I'm not trying to make you out to look stupid dude it's just depreciation value.

 

There are two routes you can take, take the equivalent laptop OR claim on their six week rule policy (read your coverplan documentation) - basically it states, if they can't repair it within 6 weeks of it going away, then you can get a refund for the equivalent price of the machine today (which as I said before would be lower than the value).

 

Quite obviously they won't be giving you a refund in cash as it's a voucher system.

 

So you'll get some vouchers and you're free to spend them on anywhere within the DSG group.

 

To be honest I guess when they say they will sort you out with a laptop for the equivalent spec they will give you vouchers anyway.

 

Anyway the point I'm getting at is if you get vouchers for 600 quid, happy days; you can look at various machines in the store and to be honest 600 quid will get you a miles better system than a system at 1100 quid 3 years ago.

 

You can also add cash to the vouchers if need be.

 

Also the point about being negligent: Yes, admittidly they have dropped a ballcock and have lost the machine, however they have identified the problem and have not made an unfair offer to rectify the problem.

 

Also as somebody stated about personal documents, forget it, documents and on there are your own business and not covered on any agreement with dsg at all, their agreement is to fix the machine in a hardware sense (if they don't lose it of course lol).

 

Just on a slight off-topic note for general computer purchasing from PC World, if it's for business, get business cover!.

 

Also a general piece of advice for personal data on PC's from anywhere with any service agreement "BACKUP - BACKUP - BACKUP".

 

Anyway, hope this helps :)

 

Foxy.

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