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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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PLEASE HELP seek advice about train fair


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Hi PLease some one help me,

I have a friend who is stressing out almost to the breaking point, please help me with giving some advice. Please Please.

 

He got a on a train to work and forgot his weekly travel pass at home which he had already paid his weekly pass to London, which he does every week but simply forgot it that dat, he now even has a record of the payment n his bank statement. When he realised he it was too late, he went to the train guard to tell him but the train gaurd was really defensive and aggressive and said he would have to pay a massive fine, which scared him and for a stupid reason thinking he did not want to tarnish his own name, he gave a false name but his correct birthdate and address!

 

They proceeded to send a fine to the house, but he failed to open the first letter not knowing who the false name was as he didnt register it was the false name he had used as it was just a random name, so then by the next letter, too much of a coincidence he opened it and it was a court summoned for the prosecusion of travelling without a ticket.

 

He is scared that he will get a criminal record by using a false name to the train guard, will this happen? He wants to go to court but it is not his name, he has paid the train pass so he has not illegally got on the train as he has a payment record, but he did give a false name and this is now more of the issue.

 

Please help, what should he do next?

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Yes, there is a requirement under Section 5.1 to show a valid ticket on demand, or pay the fare due if asked, or give his/her name and address when requested.

 

If a traveller fails to show a valid ticket and fails or refuses to pay the fare due on demand, s/he may be charged with an offence under Section 5.3.a of The Regulation of Railways Act (1889)

 

Giving false details to rail staff subsequent to the above is an additional offence that may be charged contrary to Section 5.3.c of the same Act.

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