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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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Used brothers 16+ oyster for a month - TfL Fare prosecution **RESOLVED NOTHING TO PAY**


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If you don’t get a conviction before travelling to the USA then your pending case isn’t a bar: When applying for an ESTA / visa waiver they ask if you have ever

a) been arrested, or

b) been convicted.

 

An arrest can be viewed negatively by them, despite in the U.K. “innocent until proven guilty”. However it sounds like you haven’t been arrested and don’t have a conviction (at least, not yet!)

 

It doesn’t mean you can’t travel, but an arrest or conviction MIGHT lead to refusal of an ESTA or ineligibility for visa waiver, in which case someone would require a visa to travel to the USA.

 

If arrested or convicted, definitely apply for the visa. If granted you are in a much better position  than “chancing it”. Getting caught fibbing on immigration documents will be an automatic deportation, and likely a period of ineligibility for a number of years : whereas if you declare a minor conviction (or arrest) you are likely to get a visa!

Edited by BazzaS
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  • 2 months later...
2 hours ago, dx100uk said:

 

as for the SJP notification, I think its been concluded to plead guilty and attend anyway ...

 

 


How do you attend a SJP?

 

SJP = single justice, dealing with case on the papers only, no hearing to attend.

 

I suspect that rejecting the SJP and insisting on a full Magistrates Court hearing your cam attend would negate any benefit from appearing in person.  

Edited by BazzaS
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You get (/ got) credit for appearing in court and expressing your contrition.

 

The SJP (Single Justice Procedure) is intended to relieve the burden on the courts of hearing simple cases, streamlining things so the courts can hear the more complex cases.

 

A defendant might find that any benefit from appearing in person gets negated by the bench thinking “why has this person insisted the full bench has to spend time hearing this, when the SJP would have had allowed this to be dealt with by a single justice, ‘on the papers’ only. The defendant has added to the court’s costs and time ......”

 

SJP: single justice (magistrate) , no appearance in person.

Insist on a court hearing where you can appear in person: bench of 3 magistrates (or a District Judge) and an actual court hearing.

Edited by BazzaS
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