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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
      • 162 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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Hi,

I seem to be having a few serious problems with Vodafone and don't know where to turn to.

Around two or so months ago I took out one of their "mobile broadband" contracts which I got because it would be handy for when I am out and about. After having the service a week, I found out that it would be best to cancel, as it was no longer required.

I contacted Vodafone's return service as the item was obtained online, and they told me that a form will need to be filled in and sent back with the USB adaptor to the address on the form. I rushed out to the post office and got it sent off, first class.

I have to admit here I should have sent this via special delivery, but was just sent standard post. As things are rarely lost nowerdays, I thought there wouldn't be a problem.

When I initially contacted them they told me that they will stop my service for me, and await for my adaptor.

Around a week or two passed and I contacted them to make sure everything was going well, but it wasn't. They hadn't received the adaptor, and they told me they would "keep an eye out" for it.

A week or two passed, yet again, it never turned up. At this point I'm getting quite worried, and this is the point where Vodafone really start to dig their heals in. Vodafone were getting quite stroppy with me, saying that until it is recieved I will have to keep paying for my contract.

Around a week ago I contacted them yet again, after cancelling my direct debit. I have been without the adaptor now for a month or two, my service is suspended, and they are still refusing to stop my service, saying "if I would have used the proper procedures in sending it back it would have been cancelled by now". They also told me that I should have been told bt the agents in the past that I would either a) receive a padded bag to send the adaptor back in, or b) have someone come out to pick it up from me.

I have just had a bill now for a whole months usage. I have just spoken to them and they refused putting me through to a manager, saying that "I have to wait 48 hours for a callback" and "they will just say the same thing".

I thought within 14 days I had a right for this contract to be cancelled by law. I am really worried about the whole thing - yes I should have used special delivery but they are now refusing, saying that I have to pay for a 24 month contract even though they cancelled my service within 14 days, and the adaptor has been sent off to them, but lost in the post.

I am really worried, what shall I do?

Bank: NatWest

Status: Completed *WON*

Last Letter Received: Agreement to repay £388.69

 

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Well apart from anything else they should be able to see that you have not used the service. And if they did not ask you to send it by special delivery I suggest you were perfectly within your rights to send it by normal post.

 

Keep fighting.

 

 

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There are a few issues here - but they are being less than fair. If you didn;t send it by trackable means, then you have to pay for its loss - the cost of the modem would be covered up to £35 by standard post, so get a claim form from the PO and give as much details as you can.

 

Hopefully, you told Vodafone that you were cancelling before you sent the modem back? This proved you intention to cancel, so send a copy of your royal Mail claim form, stating that you will forward the full cost of the compensation received for the loss as soon as you receive it.

 

They may attempt to say that as you didn't cancel within 14 days the contract is confirmed, but again - use the RM Claim form as your proof of returning the device. You will have to pay all charges billed for service for those 14 days, but nothing else.

 

It will be a fight, but you will win through.

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  • 5 weeks later...

Unfortunately as you have not followed the correct procedure so vodafone are not in breach of their 14 day returns.

 

I agree that the agents should of informed you of the correct procedure, but vodafone have no libaility to cancel you within the 14 days as they have not recieved the equipment back. (This would be stated in your contract).

 

I am sorry that you have not been able to talk to a manager but the 48 hour call back is procedure.

 

I would suggest that you do write in a complaint to head office...and keep calling in because they are introducting a new system which hopefully should help your case.

 

It also depends on what agent you get and the remit of their manager, so keep trying!!

 

Keep trying and good luck (your not the only person with this issue).

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