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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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Notice of intention to prosecute - Thameslink - changed CArNet Ticket date - Please help - **SETTLED**


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It is clear that you recognise this is a serious matter so far as the TOC are concerned, whatever the motivation behind your action, the evidence makes clear that you did 'alter the date on a previously used ticket with intent to avoid the correct fare due.'

 

As dx100uk says, you may be able to convince the TOC prosecutors office to allow you to settle this without Court action.

 

There are no guarantees, but a concisely worded letter of apology may be sufficient to allow the company to dispose of the matter by administrative settlement

 

It is really important not to waffle in your letter. Long rambling and pleading letters can lose the support of the reader. It is important to apologise, but remember that the reader may have a huge pile of similar correspondence to go through every day and the ones that are most likely to succeed are the ones that show clear remorse for their behaviour and apologise. Never seek to put any of the blame on others, that's a certain way of losing support of the reader.

 

Start by offering an unequivocal apology for your actions, you can briefly mention the sleep deprivation as a result of the new baby and worries about your future, but it is also important to recognise that what you say can also be open to interpretation. Sleep deprivation is good in terms of illustrating the circumstances on the day.

 

Financial worries may indicate a completely different mindset and if this is laboured in the letter the prosecution staff may question whether a swift financial settlement is achievable.

 

Offer an apology for your actions and for the inconvenience caused and give a firm undertaking never to travel without a valid ticket in future. Explain that your employment requires a high level of integrity and a conviction for the criminal offence of 'avoidance of a fare' is likely to affect that future.

 

Offer to make immediate payment of the unpaid fare and any reasonably incurred costs that your actions have caused the TOC.

 

Please remember that this is only likely to work if you have never been previously reported for travelling without a valid tickets

 

Don't quote a settlement figure in your letter, leave the TOC to do that in their reply. If your letter fails to secure agreement to allow a settlement then come back and let us know.

Edited by Old-CodJA
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There are no guarantees, but a concisely worded letter of apology may be sufficient to allow the company to dispose of the matter by administrative settlement

 

It is really important not to waffle in your letter. Long rambling and pleading letters can lose the support of the reader. It is important to apologise, but remember that the reader may have a huge pile of similar correspondence to go through every day and the ones that are most likely to succeed are the ones that show clear remorse for their behaviour and apologise. Never seek to put any of the blame on others, that's a certain way of losing support of the reader.

 

Start by offering an unequivocal apology for your actions, you can briefly mention the sleep deprivation as a result of the new baby and worries about your future, but it is also important to recognise that what you say can also be open to interpretation. Sleep deprivation is good in terms of illustrating the circumstances on the day.

 

Financial worries may indicate a completely different mindset and if this is laboured in the letter the prosecution staff may question whether a swift financial settlement is achievable.

 

Offer an apology for your actions and for the inconvenience caused and give a firm undertaking never to travel without a valid ticket in future. Explain that your employment requires a high level of integrity and a conviction for the criminal offence of 'avoidance of a fare' is likely to affect that future.

 

Offer to make immediate payment of the unpaid fare and any reasonably incurred costs that your actions have caused the TOC.

 

Please remember that this is only likely to work if you have never been previously reported for travelling without a valid tickets

 

Don't quote a settlement figure in your letter, leave the TOC to do that in their reply. If your letter fails to secure agreement to allow a settlement then come back and let us know.

 

I have retained the bulk of your text, but removed all the areas that would appear to a prosecutor to be 'unnecessary padding'. It could be reduced further, but see what you think of this:

 

 

I apologise profusely for my actions in this case. I pride myself on my integrity and honesty and I feel shameful for my moment of very poor judgement. As the sole income earner for the family (my wife is on maternity leave), a criminal record would be devastating for us as my employment relies upon a clean criminal record.

 

I had a particularly forgetful week at the time this occurred. I was very sleep deprived after the recent birth of our first child with attendant stress.

 

On the 28th I was running late for interview and left the house in a rush. I consequently forgot to pick up a blank carnet ticket as I left. I rushed to and through the station in an attempt to make the train I needed to make my interview on time. I grabbed a ticket from my wallet assuming it was a new blank ticket which I would populate as I rushed for the train.

 

Onboard I realised to my horror the mistake I had made of unintentionally using an old ticket, which I had failed to check. I couldn't find my blank carnet ticket. In my complete stupidity and panic, I changed the date of a previously dated ticket to the date of travel.

 

I made a very bad choice that's haunted me since. I tried to explain to the Revenue Protection Inspector that it wasn't premeditated and admitted my mistake and I apologised. I have never done this before, I am just so sorry for my actions and the inconvenience caused to all involved.

 

I am happy to make immediate payment of the unpaid fare and any incurred costs that my actions have caused. I am also happy to purchase an annual pass immediately so I will not make a mistake like this again.

 

I have also recently finished a year long voluntary mentoring programme with the charity, Chance UK where I worked with children with behavioural difficulties. A criminal record would prevent me from mentoring ever again, which would make me very sad indeed as its my passion in life.

 

I would appreciate your consideration and I sincerely hope that you can show some leniency in this matter.

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