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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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SWT court summons, what to do next? - ** SETTLED **


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If you are summonsed for the two offences mentioned earlier, obviously it does result in a criminal record with the two convictions listed.

 

A disclosure (Criminal Records) check (which employers can request) would list these convictions as:

 

RW89005

Travelling beyond distance for which rail fare paid

 

RW89006

Giving false name and address

 

That is the terminology used on Disclosure certificates, word for word, so employers may be a bit more understanding than you expect.

 

Realistically, I'd say you're probably looking at a fine of £350-£400, £100 costs, plus the rail fare, so around £500.

 

If they've read your letter and told you that they are still proceeding, and you've chosen NOT to attend court, then there's not very much you can do!

 

You could attend court in person, and arrive a few hours before the hearing was scheduled and try and find the SWT prosecutor, and see if he will negotiate a settlement with you, but you'd have to take hard cash with you, so if he does agree, you can make immediate payment.

 

That is pretty much your only option!

 

The "false name/address" thing is the fatal element!

 

In the event other legislation is used, combinations of the below codes will appear on the CRB:

 

RL05044

Enter compulsory ticket area without a ticket - Railway byelaw

 

RL05045

Board a train without a valid ticket - Railway byelaw

 

RL05046

Fail/refuse to hand over a valid ticket - Railway byelaw

 

RL05047

Occupy reserved seat/berth without a valid ticket - Railway byelaw

 

RL05048

Alter a ticket with intent to defraud - Railway byelaw

 

RL05049

Use an altered ticket with intent to defraud - Railway byelaw

 

RL05050

Buy/sell ticket from unauthorised source - Railway byelaw

 

RL05051

Transfer/receive a used/partly used ticket - Railway byelaw

 

RL05052

Use ticket obtained from unauthorised person/machine - Railway byelaw

 

RL05053

Sell ticket as an unauthorised person - Railway byelaw

 

RL05054

Purchase ticket with incorrect fare for use by another - Railway byelaw

 

RL05055

Produce/transfer ticket with incorrect fare - Railway byelaw

 

RL45002

Refuse to quit railway carriage at destination

 

RW89004

Travelling without paying rail fare

 

RW89005

Travelling beyond distance for which rail fare paid

 

RW89006

Giving false name and address

 

RW89007

Attempting to travel without paying rail fare

 

RW89008

Failing to show ticket and failing to pay fare and failing to provide name and address

 

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Hi

Thanks for your help again

 

I would like to ask how much money i should take with me on the day?

 

I believe it was mentioned this could total around £500, should i withdraw this amount to take with me?

 

Thanks

 

£500 should be enough.

 

Remember, it won't guarantee that he will accept it!

 

You also have to be careful not to "negotiate" too much, if you go in with too low an offer he may well just walk away! But you also don't just want to hand over £500, if he'll accept £300, if you understand?

 

You basically need to hand over as much as you can afford, whilst considering if it is worthwhile handing over that amount to avoid a conviction. You'll get one shot at it so if you can't really afford to lose £500, don't offer it!

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