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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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Lousy Luck or Lousy Dealer????


merlot

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Hello

 

First post and wondered if you have any advice you can pass on :) .

 

I bought a 2nd hand Brava which in the first 6 weeks gave me a catalogue of issues, ending with head gasket problems. Now fixed. It was off the road over two weeks. I lost days in work as I am a temp and unable to get in without a car.

 

When my car gave up after the sixth week the first mechanic took apart the coil plugs and one of them was held together with electricians tape. He said this could have caught fire at anytime and if he had sold a second hand car this is the first thing that he would have checked and replaced. He believes this contributed to the head gasket problems.

 

One of my questions is coil plugs being held together with tape, could this have been deemed as dangerous and should this been checked over by the 2nd hand car dealer and replaced?

 

I was not given a warranty from the dealer, he said that as soon as I drive away it is my problem not his :-x .

 

Also, my MOT certificate says it has 67k miles on the clock, the receipt and the car it is plus 80K miles - what do I do about this???

 

Your advice is much appreciated.

 

Merlot

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The problem with the coil is very unlikely to have caused a fire or for that mater caused a particularly dangerous problem. It is also very unlikely to have contributed to a head gasket failure. Two weeks to repair a head gasket is a little slow even taking into account getting it skimmed etc

 

However as a motor trader he must take some responsibility for the goods he has sold you but this will depend on age mileage purchase price and that sort of thing. He cannot sell you a car and take away your legal right for the goods to be of merchantable quality and fit for the purpose intended (unless you bought it as scrap) although I know many traders that try this. Speak to trading standards

 

As for the mileage on the mot that could be a genuine mistake but having worked in the motor trade for over 30 years I have seen many strokes pulled with mileage and various documents, to many to list here.

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The problem with the coil is very unlikely to have caused a fire or for that mater caused a particularly dangerous problem. It is also very unlikely to have contributed to a head gasket failure. Two weeks to repair a head gasket is a little slow even taking into account getting it skimmed etc

 

However as a motor trader he must take some responsibility for the goods he has sold you but this will depend on age mileage purchase price and that sort of thing. He cannot sell you a car and take away your legal right for the goods to be of merchantable quality and fit for the purpose intended (unless you bought it as scrap) although I know many traders that try this. Speak to trading standards

 

As for the mileage on the mot that could be a genuine mistake but having worked in the motor trade for over 30 years I have seen many strokes pulled with mileage and various documents, to many to list here.

 

Thank you for taking the time to offer your experiences, much appreciated :)

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