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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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Laptop


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Hi,

 

I bought an Advent laptop from PC World 8 weeks ago. The screen has given up and shows nothing when it's turned on, took it back today and was told that they only have to repair it as it's more than 28 days old.

 

I tried using the sale of goods act but the response I got was

'these things happen, it's over 28 days since you bought it all we

have to do is repair it'.

They did say they had a courier that would pick it up and return it ( as if that makes everything all right and they're doing me a favour :rolleyes: ) This means they would have the laptop for a minimum of 7 days. This is already causing me problems, I'm a teacher and all my lesson plans for the rest of the term on it.

 

Surely this isn't right, I would think that after such a short time I would be able to get a refund.

Anyone any advice???

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Can't advise on the SOG aspect sorry but have you tried connecting it to an external monitor so you can at least take off what you need for lessons.

Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers :)

 

Find all the letters under the rainbow here

 

Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! :) ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.

 

Halifax - £1400 reclaimed. Now on a crusade to help others!

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As its been such a short space of time I would have thought that the item must have been inherrantly faulty from when you got it rather than a fault that occured during your ownership and as such you are entitled to a new one or refund.

 

Thats my opinion and if I was the store manager I would have given it to you as will you ever spend another penny in PCW now? No didnt think so

 

When will they learn??

 

Does your school have an ICT tech who visits? If so you could ask them to try and get the stuff off for you, I have a laptop HD to USB bridge adaptor for situations like this so you can plug it into a desktop PC and extract the data that way (saved a few teachers bacons lol).

 

Any good PC shop should be able to do this for you and it wont invalidate your warranty, I would like to see them pull that crap on someone.

 

As has been said try an external monitor (just disconnect one in school when no ones about and try that on it to get your lesson plans off)

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I suspect you may have to give them the chance to repair it but under the terms thats its back within the 7 days quoted (which I guarantee it wont be) then after 7 days go back for the refund.

 

Get any promises like that in writing, personally I would still press for the refund and go to head office and moan

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Thanks everyone, I'll try an external monitor to get my work off it and a very strongly worded letter will be winging it's way to the head office this weekend.

Trading Standards have recommended I give them a chance to repair and demand a refund if it breaks down again after this.

They said it would be a minimum of 7 days so will tell the store I'll wait a maximum of 10 days before I demand a refund and go elsewhere. If they agree I'll get it in writing, if not I'm not accepting a repair.

 

Got warned about shopping here, there won't be a next time

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  • 2 weeks later...

I had this exact problem with PC World. We had had the laptop around 16 weeks, they said that they would repair it, which we didn't want - we needed it replacing - it had all of my uni work on etc. They said not their problem as I should back it up - fair enough - but I'd done a lot of work the previous night. There's a limit to how often you can drag everything off ur hard drive on the off chance ur laptop may die for gods sake! Anyway, I rang trading standards - I would advise you to do this and speak to someone. Basically, the upshot was that e had to give them 28 days to repair it. We took it in to PC World and waited... and waited... and waited... Finally I twigged that if I stopped mithering them, it ws so close to the 28 days that I may be able to get my money back that way - by letting them exceed the 28 day period which they have to repair it. This is what happened. Rather than a replacement, I took my money and custom elsewhere, and will never shop there or in any other shop owned by Dixons ever again.

Good luck, they are a horrid company to have to deal with!

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I used to work for PC World Business... Lasted just over a month.... just as bad a company to work for as they are to buy from.

Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers :)

 

Find all the letters under the rainbow here

 

Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! :) ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.

 

Halifax - £1400 reclaimed. Now on a crusade to help others!

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Ihad a laptop from pc hell, and took out the expesive insurance and extended cover. After a month it went, so i took it in to pc hell and they said they send a courrier out to collect it and repair, anyway to cut a long story short this laptop was collected no fewer than 24 times for pretty much the same problem. Their answer was that if they can repair it within seven days then thats their part of the deal kept to.(by the way i was also told that they count continuous problems with laptops as the item being brought back every four days) after several months they did eventually give store credit for another laptop. Persistence is the key from my experience. And ill NEVER buy anything from there again.

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Well theyre WRONG about that you dont have to let them repair it everytime you only have to give them the chance to put it right via repair/refund/replacement if it was going wrong that regularly then you would be well within your rights to tell them to sod off and you want a refund etc

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They refund the way you paid so if you paid via card expect a refund that way if you paid by transax'd cheque or cash then cash it must be!!

 

Reason for cards is so they get the merchant fees back from the transaction as they can be very high on credit cards (but not on debit cards)

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  • 8 months later...

Back to this again. I got the laptop repaired last june. Turned it on the other night and the screens gone again!! Took it back to pc world and asked for a refund because i wasn't accepting another repair. The things obviously faulty and I'm not willing to keep getting it repaired, quoted sale of goods act but the manager wouldn't budge, said all they can do is repair it.

The last time i spoke to trading standards they said if the fault happened again i was entitled to a refund. The manager says that because it was purchased under a home computer scheme i've no right to a refund. Anyone know if this is true because I would have thought the payment method wouldn't have made a difference. Brought it back home and will speak to trading standards again on monday but any advice before that would be welcome.

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If you buy under any form of credit it strengthens your case as the provider of credit also becomes liable. Nothing regarding how you pay affects the SOG act. I'd write a letter to head office setting out your case and asking for a refund. Trouble is you will not be able to claim a full refund as you've had almost 10 months use out of it.

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Thanks for the reply. I wouldn't be looking for a full refund, I'd rather they exchanged it. Will write to head office and see if I get anywhere with them.

 

If it was purchased under a Computers at Home scheme, as far as i'm aware, it is paid for through tax free wage deductions and I believe that the item is on lease, with an option to purchase or return after a fixed amount of time.

 

I'm not sure if this could apply through the Sale of Goods act as as far as I am aware, until the lease period is over, you are not the owner of the goods. Can anyone who is more familiar with the tax free schemes clarify?

 

This link may prove useful

http://www.ukhomecomputing.co.uk/default_HCI.asp

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The way I understand it is this;

 

If the item was purchased under a HCI scheme, the product is owned by your employer and is essentially a business purchase. The goods are leased from your employer for a set period by way of a deduction in your wages. This is offset against tax and National Insurance contributions and essentially means that you pay less for the goods. The goods are usually paid for by a voucher that is issued by your employer and the retailer cannot reimburse via this method.

 

Due to the shelf-life of laptops, it is unlikely that after 8 weeks, the same model of laptop would be available, as such, to switch it over for another model, a refund/resale would be required.

 

Because of these limitations, a service contract must be taken out at the time you acquire the goods, which entitles you to unlimited repairs during the lease period.

 

As the goods are essentially purchased by your employer and leased to you, they are a business purchase and you have no grounds to remedy under the sale of goods act as this is for consumer purchases.

 

I'm pretty certain the their head office would only advise that you can acquire a free of charge repair, although writing a letter can do no harm.

 

I must stress that this is my personal understanding of the HCI scheme, which is why I asked if anyone could clarify in my previous posting.

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According to Consumer Direct because the goods have been provided through my husbands work then the legislation which applies is the Supply of Goods (implied terms) Act, which states the redress available for faulty goods is rejection or damages.

 

because it was bought nearly 1 year ago I can't reject it but can seek damages in the form of a replacement.

 

They've recommended I send a stating the above and giving them 14 days to respond. If I get no joy then Trading Standards will then become involved.

 

So can anyone help with the wording of a letter?

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Who did consumer direct advise that you write to?

 

PC World supplied the goods to your employer, although admittedly, you acquired them on your employer's behalf.

 

You are now loaning the products from your employer and if I understand this correctly, your employer is the supplier of the goods to you.

 

I'm not too sure how a letter should be worded, but just curious as to who Consumer Direct advised you should approach with this legislation.

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The letter needs to go to PC World. According to Consumer Direct because it was actually us, as customers, that went to the store then thye should be dealing with us.

The home computing initiative for my husbands work was slightly different from others in that he decided how much he wanted to spend, up to a certain limit, and he was given vouchers for that amount for PC World. I think other schemes operated by customers picking specific things out of a catalogue.

It appears the only difference is its the Supply and not the Sale of goods act which applies.

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That's interesting, because that legislation is the one used for goods bought on HP - which makes sense to be used in this case as the PC was effectively "hire purchase" from your employers. However in a normal HP agreement, the rights are against the finance company and not the retailer.

 

I will look into this further.

 

The damages you will be able to claim are either a partial refund to allow for the use you have had from the laptop or money towards a replacement laptop (to the value that yours is now, had it not become faulty) - you may well be able to purchase one of the same spec as prices have come down. What you won't be able to get is one of a better spec which costs the same as you originally paid for this one.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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A bad experience, after purchasing a 17 inch HP Laptop/Notebook HP Pavillion 7 weeks old from Dixons I experienced upon the 1st operation at home a dead Pixel on the 17 Inch TFT Widescreen, later on about 3 day's I started experiencing other intermittent Pixels which where appearing randomly in several locations :o After 2 weeks usage these pixels began to get very troublesome and annoying when working in graphics on screen. 3 weeks had gone by when now I receive the pre-boot error message "Smart Failure Predicted On Hard Disk 1." :mad: Enough is enough, after spending almost 1600 UKP on this peace of unreliable "crap" I contacted the store manager where purchased, the response was "Oh sorry sir you have gone past your 28 day period." In other words no return no replacement or refund :eek: On contacting there support number the (Tech Guys) to be told that a collection by Courier would be made and the equipment repaired or replaced with in 7-10 day's. Well after waiting in for the Courier all day yesterday none show? I contacted them several times and they blame the Courier? Reply was "Sorry sir it's the courier thay have a problem today in your area, some one shall be there at 18:30 hrs to collect." 19:00hrs no Courier further phone call to Tech guy's, oh we are sorry sir can we book another day, yes I replied ok Wed 28th PM is that ok, I replied yes and what about the 2 day's loss of holiday that I have taken waiting for a Courier, oh sorry sir the Courier is beyond our control, today PM 15:00 Tuesday March the 27th Courier appears I mean what the hell are they playing at. Now I have booked another day of work for tomorrow loss of another day's holiday another day wasted. :mad:

 

What the hell a can an individual do after such poor customer support? A peace of equipment that is failing so quickly and no consolidation regarding a complete replacement? What is going to happen to this poorly QC peace of crap in another couple of months. I'm very.. very **ssed off :-?

 

A word of advice to anyone reading these personal experiences about such a rouge company is to stay well clear of them.

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Don't you guys get it, PCWorld is just a sales outlet. Customer support isn't their forte and all those that complain are rip-off merchants, those that have problems are of their own doing, why else would they come to PCworld.

Their tech guys are inbetween jobs, so they couldn't care a ratsarse if porn is left on your comp. I mean who wants to make a career outta being a tosspot.

Forget their upgrade centre, the rates they charge for putting in things such as ram, they're ****ing themselves and making sh!tloads of money.

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The damages you will be able to claim are either a partial refund to allow for the use you have had from the laptop or money towards a replacement laptop (to the value that yours is now, had it not become faulty) - you may well be able to purchase one of the same spec as prices have come down. What you won't be able to get is one of a better spec which costs the same as you originally paid for this one.

 

This is where the I think there could be an issue. The goods were purchased using an employer supplied voucher. At the point of sale, the end user had paid nothing for the goods.

 

If a refund was forthcoming, it would be to the purchaser of the goods, ie the present owner, who is the employer. Either way, the store are unable to refund to this type of voucher and are even less able to work out how much the end user has contributed towards the goods due to offsets against tax and NI as this is nothing to do with the store and is a contract between employer and employee.

 

The way I see it is that the only cash transactions that have taken place are between the end user and their employer, therefore it would seem that any claim must be against the employer.

 

Again, I welcome further input. RosieCotton seems to be more au fait with this legislation than me.

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