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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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Capital Resolve DCA chasing Greater Anglia ticket debt


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I think that you need to look at the whole thread of what appears to have happened here

and take a little care with your further correspondence.

 

I urge you to read all of my response before you do anything further

 

You say that you tried to pay when on train and that the machine refused to accept your card payment.

 

We don't know what the reason was.

It may have been a machine or communications failure,

but unless it was a type of card that cannot be used in these circumstances,

let's just say that payment failed.

 

You were issued an Unpaid Fares Notice,

which states on it that you have 21 days in which to appeal in writing, or pay the fare due.

It isn't a penalty, it just asks you to pay the fare due within 21 days.

You failed to do so.

 

Firstly, you will need to explain why you didn't pay the fare of £2.60 when given an opportunity to do so.

 

You don't say what you wrote in your first letter,

but just because the ticket machine didn't work,

doesn't mean your journey was free.

You made the journey and because of a failure,

GA gave you an explanatory note allowing you to pay that fare within 21 days.

 

You could have taken that notice to any GA booking office to pay,

or paid on-line,

or by telephone,

or sent the payment by post as explained on the notice,

but it seems that you did none of these.

 

Why not?

 

If these notices are not paid or successfully appealed,

whether reminders are sent or not,

the opportunity can be cancelled and further action taken

 

Now for some better news,

you may find that this is still relatively easy to deal with,

dependent on exactly what date in August the unpaid fare was incurred?

 

If you can tell us that I'll respond again.

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I cant quickly find the info

 

but you need to search google or yahoo etc

or the news sites to see if that day was one of their system crashes

whereby no-one could use their cards.

 

there have been quite a few!!

 

dx

 

 

 

 

That fact would not prevent further action in this case.

 

The OP was given a printed notice allowing the fare only to be paid without penalty within 21 days, but then failed to do so.

 

There will normally have been further reminder letters and the TOC will have evidence of these on file if they were to take further action, although the company is not obliged to send any reminders.

 

It seems that the fare still remains unpaid and there is a possibility that they have applied for a summons in time, but have given a final opportunity to resolve this through their DCA.

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