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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 everyone.

 

I'm having an extension built at the rear of my property, which includes a zinc roof. We obtained a quote from local builders, and shortlisted, went to view his work, and spoke to his customers - all spoke well of him.

 

The build progressed well up to roof level, at which point the builder mentioned the contractor he had included within his quote to supply the zinc roofing had gone under. He proceeded to identify a zinc supplier himself, order the sheets, and fit them. The finish didn't look correct (as I'd been looking on-line at finished projects), so I questioned him on the finish, and he stated it was fitted correctly. Still not happy I brought in a few zinc installers who have all stated its been incorrectly specified and fitted with problems including incorrect type of zinc, wrong size nails in the zinc clips (could result in the sheets coming loose), sheets being too short, not watertight - and the list goes on. When I gave him the news, his answer was - "you asked for zinc, you got zinc". He's been aggressive in his communication and is threatening legal action against me as he doesn't want the cost of correcting this using experienced and trained contractors.

 

In a nutshell, he's tried to increase his profit by doing the job himself, has purchased £2k worth of zinc that looks as though it cannot be used, and he's been told to do the job correctly is going to cost between £4-6k.

 

He'd already left site as we were waiting for windows and doors to be manufactured and fitted, but in all honesty I don't want him back.

 

This work hasn't been done with a contract, just on the back of a hand-shake. I'd appreciate some advice on how to proceed, as I need to understand where I stand with regard to formally ending his involvement and bringing in trades to complete the work. There's also the £2k of zinc that I've paid for and cannot be used, and he's also retained structural steelwork that I've paid for and will need to finish the work.

 

Many Thanks.

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Realy depends on what specification was attached to the roofing and how detailed it was ( any refeferance to standards etc.)

was it a proprietry system or just specified as zinc.

You can determine the contract ( finish it by giving notice ) and then agreeing who owes what to who )

you take on his sub- contractors direct, but has he paid them!

All a bit fraught with or without a contract and will take time, and you may have to sue him.

see below for how it should be done.

All workmanship must be of a good standard anyway ( fit for purpose, common law )

I know its too late but you should always have a contract ( RIBA and ICS do standard domestic contracts ) and never never pay until you are satisfied with the work done.

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Start off by putting everything in writing and giving him a copy.

Building contracts are normally quote flexible and you should expect that when the unexpected happens, that the price might vary to suit the circumstances. However, s.15 Supply of Goods and Services act says that prices must always be reasonable.

This means that you might have to expect to pay the value of the job done - but not to have to pay for his mistakes.

 

Put everything in writing. Get at least two independent quotes for the job to be done correctly and then see where you are

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Appreciate the reply and video link - ours is nothing like the finish demonstrated!.

 

The quote was based on a standing seam zinc system. The system purchased by the builder is well documented on the internet with details on how to install and finish. These have not been followed.

 

The remaining work is to fit doors and windows which is being undertaken by a contractor that I was paying direct, the roof - which is outlined above, and then knocking through into the extension which involves steelwork, electrics, plumbing and plastering. The builder has been paid for all work to-date.

 

I don't have a problem bringing in and managing the various trades.

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