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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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Ok, relax, you're not in trouble.

The oyster card you handed in was not registered, that's why the ticket clerk was able to issue a refund without Id and without password.

He asked for your name and address to register the card in your name there and then and give you a refund.

When the card is not registered, to process a refund, the ticket clerk must input the minimum info required for registration, your name and address, otherwise the ticket machine won't let him process the refund.

If the card had been registered, he would have asked for a password which is given at registration point (ask for a registration form and see for yourself).

When someone forgets the password, a form of id is required to process the refund.

When the oyster card is read by the ticket machine and the clerk starts the refund process, all personal details come up on the screen and they're only allowed to process the refund if they're satisfied that the card owner is standing in front of them.

In your case the personal details were not on the screen because the card was not registered to anyone, so the clerk asked for your name and address to proceed to the next screen and give you a refund.

Even if the previous owner had the card number, they won't be able to report the card lost/stolen because the card was cancelled during the refund.

Also tfl insists on people registering their oyster because if lost no investigation or refund can be processed.

Just to avoid a panic attack, next time you find something, hand it in.

You got lucky this time.

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If the oyster card had been handed in, it would have been returned to tfl and any credit would have been left in their account.

Because the card was not registered, the owner wouldn't have been able to get it back in any case.

Lost card, handed in at the station, customer comes back later and claims to have lost the oyster, supervisor will ask if the card was registered, customer replies no, supervisor does not return card.

This is the procedure.

After all, if I am standing in the queue while someone hands in an oyster card, I could go back later claiming I lost it.

That's why tfl would not return a non registered oyster card.

If the person losing it had recharged it with a bank card belonging to them, they still had to go through a process of enquiry, the supervisor would not have the facility to check what bank card was used to top up the oyster, therefore he/she would not return it.

So in summary, in this case the £6 would have gone into tfl coffins.

I let you be the judge of wether this is right or wrong.

Imo tfl should donate to charity all unclaimed oyster funds as well as all profits made by maximum fare for incomplete journeys (70M last year).

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