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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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Unable to pay at petrol station


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The only offense that you possibly could be charged with would be deliberate refusal to pay or drive off

 

Having no money to pay for petrol is a civil offense

 

You just need to have valid ID such as a driving licence. A reasonable approach would be to give you 24 hours to return and pay

 

They cannot stop you from leaving or impound your vehicle

 

The reason for this is that franchised garages have a policy where they will deduct shortages fro the cashiers wages. i do not know if this is still common practice though

 

Just leave your name and address, it might be wise when you leave the petrol station to call the police non emergency number and tell them what you have done, just in case the cashier reports it as bilking

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I think you would have been ok.

 

My initial thought was making off without payment as per the Theft Act 1978 but in the case of R v Allen the House of Lords said that in order for the offence to be committed there must be "an intention to permanently deprive" by making off and that a mere "intention to defer" payment is not sufficient.

 

Mens rea and Actus reus

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It is not fair that greedy garage franchise operators put in the contracts of employment that they will be liable for any losses

 

Drive offs are a police issue and courts to make compensation orders for restitution

 

Not hit the poor cashier all the time on minimum wage

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That is not your decision to make if the OP will return or not, you have his details, its a civil matter as he had no intention of depriving the garage, or he would not have left his contact details

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Thanks. Do you suffer from some form of Latin based tourettes? :D

 

I hated it at school, and i hate it now, but i have no choice

 

At least the internet lets you know an audible option of how to pronounce the words correctly

 

Its a dead language and should stay dead

Edited by squaddie
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If they leave their details with a promise to pay and don't

 

That is obtaining a pecuniary advantage and fraud, a police matter and reported to the police where the courts will deal with it

 

Be it the cashier thinks the person is honest or not is irrelevant in the eyes of the law.

 

The cashier cannot detain the individual or his property without statutory reason, assigning chattels against a debt went out of the statute book years ago

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Dum schola Latina docetur miserabile fere sola filios experientia (Barbari vero descenderunt ad nos collem sagittandi - indigestamque amet), solum illa quae non intelligunt Latino credere debet de sua miseria. Considerans circa scientias non sine summa linguae usu. Et non inmemor Anglorum iuris (OK, fortasse non tam bonum exemplum;))

 

I agree, not a good explanation or example

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