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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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      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 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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So, technically, you have stolen fuel.

By fueling up your pertaining that you have the means to pay for it.

You could of done a few oter things like phone a friend to make an over the phone payment etc etc.

The garage uses other "routes" to make sure its paid. They could of reported you straight to the police and you would of been arrested and possibly charged.

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By the VERY FACT of you fueling up your representing that you have the means to pay.

 

Just because the garage uses alternative means without getting the police involved means they are paid quicker and YOU have less chance of being charged.

Yes it is a criminal offence.

It Is not a civil matter if the police get involved.

 

Do not do this.

The garage will report you to the police.

 

Qouted from Kent police.

 

Non-Payment of Fuel

 

A customer has left without paying for their petrol

 

If a customer has left a petrol station or garage forecourt without making payment, (known as bilking) staff should first make a report to the police.

 

If there is evidence of a criminal offence, such as false number plates or involvement of a repeat offender, we will continue to investigate using the regular process.

 

Recover outstanding payment

 

Genuine mistakes can sometimes happen and in these cases garages and petrol stations are able to recover any outstanding payments through civil recovery.

 

This allows a garage or petrol station to obtain the vehicles details via the DVLA and contact the owner to arrange for payments to be made.

 

If after a reasonable attempt at civil recovery the fuel is not paid for, further action can be taken.

 

I have received a civil recovery letter

 

If you have received a civil recovery letter, it means the garage or petrol station that is writing to you, believe you have left without making payment for your fuel. Failure to respond or make payment may lead to further action being taken by the police.

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Then I suggest you do look at the different police forces websites.

They are written by lawyers.

 

What I'm saying is that at the time payment could not be made and yes, maybe the garage were too quick to send off the info without the involvement of the police.

BUT

If now payment is not made, as suggested by the OP, then there lies the caveat of willfully or intentionality of permanently depriving.

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