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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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Good evening,

 

after having filed a stat dec last week regarding an incident that happened 3 years ago, I received a notice of new hearing yesterday. I am trying to get in touch with Southern Railway to try and see if they would maybe agree to an alternative arrangement out of court.

Unfortunately I can't seem to find any contact details for them on the letter, nor on their website.

Would anyone who faced a similar matter have a contact phone number or email for me to reach out to them?

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Regarding my last sentence, it may seem arrogant, obviously not the way I wanted to sound it like, but I can't afford to think they won't let me settle out of court otherwise it would destroy my career. So I'm just trying to contact them and see if offering to pay for any cost and additional damages would be sufficient to settle out of court.

 

I only got to know this issue last week, so I had to take all the opportunities that I had in front of me

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I did forget about that incident because I was never handed anything on that day, and I gave my full address to the officer. It was 3 years ago, so it did obviously slip out of my mind. I was flying out for a family issue, and I was assuming I would receive something from the toc to make things right and pay for my fare and any other cost. I never did, and I guess it is understandable that someone forgets about something after 3 years of no correspondence whatsoever.

I would have paid on the spot to the officer would I have had my wallet on me, which I had left in my office, and only had my passport for my flight. I would have more than definitely paid for any penalty included if I had received any correspondence.

I did not, and had to file a stat dec last week when I first heard of the matter. I am now trying to get an alternative settlement due to this situation.

To answer why I never tried to contact the toc: I completely forgot about this till last week, I never received any correspondence regarding this incident till last week either, and I didn't know either who was the toc involved, as I had taken the first train to the airport that was available at the station. I had been in London only for a few months, and the only "trains" I was accustomed to was the tube.

I made a mistake, I understand that it has a cost, and I was more than fine to pay for that mistake. I just never received anything about it till last week.

 

Regarding what's written in the notice of new hearing, it only days that my stat dec was received, and it mentions the time and date of my new hearing.

After a call to the court, it appears the actual date and time are not correct because they haven't even told the tic that I had filed a stat dec.

Edited by EUZone
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I only went abroad for the weekend

I am absolutely certain I gave the right address.

 

I changed 3 times addresses over the course of the past 3 years.

I understand the fact that it may be a time-and-resource consuming task for the toc, therefore I am trying to be as proactive as I can. I am not at all denying the fact that I was in the wrong, but I want to make it clear that I never received any correspondence till last week, and would I have had the chance I would have made things right. I want to keep my good name, and for this I am happy to pay for any additional damage that the toc deems appropriate.

Edited by EUZone
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Thanks for the input guys, but if I'm being asked that question I'll answer truthfully, but it'll be the last of my worries. Because that'll mean that my efforts to settle out of court will have miserably failed.

By the way, the initiating court gave me the phone number to Southern's prosecution, so I will be able to try and talk to them on Monday. Not trying to double read into anything here, but the lady at the court even said after having called the prosecution: fingers crossed you may be able to settle out of court.

Maybe just being nice, or maybe suggesting something else?

Anyway I will try my best to apologise profusely and see if an alternative arrangement could be worked out.

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The implications of filing a stat dec are pretty clear. I can't lie, it's one thing to get a railway byelaw offence, it's another one to lie to a judge.

 

The incident that happened 3 years ago was a negligence on my side, but I don't think the way I have tried to approach things with the toc were negligent at all. When I first received a letter about this (so 3 years afterwards) I paid the fine on the spot. It is only afterwards that I was told the consequences (not being a UK national, I didn't know the extent of the UK legislation) that I decided to keep my good name, as I would have done so 3 years prior if I had received any correspondence from the toc, and this is exactly what i told the judge when I filed my stat dec.

I am now trying to figure out the relevant costs of the toc having to summon me again, and looking through their archives, so that I can pay for this accordingly. I have tried to be as proactive as possible, and my only position here is that I made a very stupid but genuine mistake some time ago, for which I am very apologetic about. I have never heard from this in the last 3 years, and would I have heard about this before, I would have done exactly the same thing as I have done, paying for my mistake. I am concerned about the time and resources the toc is going to spend on my case, and the fact that losing my good name will be highly detrimental to my career and my life. I am therefore trying the best I can to settle out of court with them, by being highly apologetic about this whole story, acknowledging that I made a stupid mistake, and paying for any cost and additional damages the toc deems relevant and appropriate.

 

I don't think I could be more truthful or less negligent now. What do you think?

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