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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
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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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South West Trains - only 1 replacement of annual ticket if lost - help!


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However the wording on their website is different :

 

"Lost or stolen Season tickets or Photocards

- If you lose your Season Ticket or it is stolen, report this immediately to the ticket office where you bought it. You should also report this to the police. If you or we cannot recover the lost or stolen ticket, we will then consider an application for a duplicate ticket, if the original was issued for a period of one month or more. We do not issue duplicates in respect of lost or stolen 7 Day Season Tickets. We may ask you or others for information. There is an administration charge when we issue a duplicate Season Ticket.

- A duplicate season ticket can be issued if:

you tell staff at an office of the Train Company from which it was bought as soon as you reasonably can and, if required, you give a reasonable explanation for the loss;

 

you agree to return immediately the lost Season Ticket if you find it, to an office of the Train Company from which it was bought; the lost Season Ticket is valid for one month or longer

- If you subsequently lose or mislay your duplicate Season Ticket or it is stolen, then further duplicate Season Tickets will be issued on the same basis as your first duplicate Season Ticket. However, you may be asked to attend a meeting with the Train Company concerned to explain the circumstances in which your duplicate Season Ticket(s) was lost. Train Companies have agreed a Code of Practice for such meetings, a copy of which can be found on the National Rail and Train Company websites.

- We will refund (with no administration charge) the cost of tickets you buy while you are waiting for the duplicate ticket to be issued, if you hand these tickets in.

- If you lose your photocard or it is stolen, we can issue a new one, for which a further passport-type photograph is required. If we need to reissue your Season Ticket, an administration charge will be made."

 

 

 

You should call the SWT Customer Relations office on 0345 600 0650 and explain how you believe that you came to lose the ticket just as you have done here. Explain what your actions were in the 30 minutes immediately after you alighted.

 

You may be asked to attend for interview as described above, but in exceptional circumstances and if they are satisfied that this is a genuine event, then I would expect SWT to apply the terms above and as advertised on their current website.

 

Do not be tempted to make an excuse, help SWT to help you by "hot-listing" the lost season so that if it comes to light being used by someone else then they can take robust action.

 

The sooner you make a truthful report the sooner you are likely to get this sorted.

 

Good luck

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