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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
      • 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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NORTHERN RAIL - DEBT RECOVERY


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Clearly you failed the ‘attitude test’ at the barrier, and your posts here aren’t much better.

 

Move for a minute to looking at it from the TOC’s point of view.

Your responsibility was to arrive at the original station in good time to buy a ticket.

If you couldn’t buy a ticket at the station you could have sought out staff on the train.

If you couldn’t find any staff on the train you should have tried to pay for your journey BEFORE going to the gate line : any of those would have shown you were trying to pay your fare.

 

You may have been worried about missing your flight, but then you should have made different arrangements so that you weren’t facing such pressure that it may have looked like you were trying to evade your fare.

 

You MIGHT be able to defend a RRA 1889 prosecution, but if they chose to prosecute you for the Byelaw offence instead : they have a pretty much “slam-dunk” guilty on that (strict liability) offence from what you’ve stated.

 

Don’t forget to be sure to include in your reply that you were bullied, and that there were “their fake police” there, and “they were meeting their quota”, if your aim is to ensure they decide to prosecute you!

 

Alternatively: adjust your view to consider what it looked like to them, that they have no obligation to allow people to travel without paying their fare at the first opportunity, nor to allow people not to pay at first opportunity because they didn’t leave themselves enough time.

 

Then look at how you might persuade them not to prosecute and offer an administrative settlement (which they are under NO OBLIGATION to offer).

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