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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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Last month I had my stag do in Edinburgh. I had purchased 8 sets of tickets for myself and friends to get a train from Doncaster to Sheffield. However when the ticket officer came I couldn't find my validating ticket. She got impatient with me and said she would have to issue me a UFN, she told me if I found my ticket I just had to send it to the address on the UFN and they would most likely waive the fee. Once I got into Edinburgh I found the ticket and took it to the customer services office. However they refused to help and said it's to do with East Coast trains only. Anyway I sent the ticket off with the UFN to the RPSS and have just received a letter back telling me my appeal is unsuccessful. I am absolutely devastated at their response and cannot believe they can be so ruthless after I sent them full proof that I had paid for my fare. They now have my full valid tickets and all I have is a receipt for all the tickets that I bought off Trainline. It's thanks to me that they earnt over £400 that day from everyone that I took up to Edinburgh with me. I can't even find a phone number to contact the RPSS to argue my case. They're demanding payment now and if I start writing back refusing to pay and trying to appeal they'll just hammer me with more fees. Any advice would be most appreciated.

Edited by punkpiper
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I dont know anything about UFNs, however as they relate to an 'Unpaid Fare' & you have provided proof that the fare has been paid I cant see what their issue is.

I hope you only sent off copies of the tickets, if not ask RPSS to return them to you for use by you in any legal proceedings they may dare to commence, remind them that you had paid the fare, that you had offered to rail staff your proof of purchase/validity at Edinburgh & can only imagine the dismay of any court that the matter is put before.

However, if the circumstances are not exactly as you describe I suggest you do 1 of 2 things:

Clarify or pay.

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  • 2 months later...

Don't pay. These guys tried to take me to court for £2.80.

 

If you have the proof of purchase, let them take it further if they want.

 

These guys make it especially awkward to get in contact, and when you do, they refuse your appeal even when you have all the tickets/ proof etc.

 

They're just out to fleece the public.

 

The letters are just stock stuff, and they rely on frightening 9/10 people into paying up.

 

Easy money, at the cost of other people's worry and bank balance.

 

I just ignored the letters in the end, after sending them a final letter TELLING them to take me to court!

 

****!

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However, if the circumstances are not exactly as you describe I suggest you do 1 of 2 things:

Clarify or pay.

 

It would be good to hear what the outcome of this was

 

If you have the proof of payment, then let them take you to court.

 

The costs will outweigh the ticket price and I'll bet they drop it.

 

You've sent the proof. They have your money. What judge would rule against?

 

 

It would be interesting to know what the OP says happened in this case. Playing 'devil's advocate' a bit here, but it isn't always as straightforward as having something that suggests a payment was made.

 

The important thing with rail tickets is that it is the the legal requirement is for the traveller to show the actual ticket. Proof of payment is not accepted valid for travel and that is to stop one traveller buying a ticket and giving it to his mate then saying, 'Look, I mislaid my ticket, but here is the proof I paid'. The courts understand that and the TOC have 6 months from the time of any allegation to take any case forward provided they have evidence of an offence. Sometimes, a case will not end up with prosecution simply because the authorised person failed to record some little piece of detail on the notice, or because another link in the evidential chain is not clear.

 

If you have sent clear proof of payment of the fare to the company though, in my experience they will normally consider it and write back telling you exactly why they have rejected it if they do so.

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Don't pay. These guys tried to take me to court for £2.80.

 

If you have the proof of purchase, let them take it further if they want.

 

These guys make it especially awkward to get in contact, and when you do, they refuse your appeal even when you have all the tickets/ proof etc.

 

They're just out to fleece the public.

 

The letters are just stock stuff, and they rely on frightening 9/10 people into paying up.

 

Easy money, at the cost of other people's worry and bank balance.

 

I just ignored the letters in the end, after sending them a final letter TELLING them to take me to court!

 

****!

and how long ago did you send them this letter?

Views expressed in this forum by me are my own personal opinion and you take it on face value! I make any comments to the best of my knowledge but you take my advice at your own risk.

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