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    • Thank you for that i thought id just ask as i was unsure.  Just hope its returned to me and doesnt spend the rest of its life going back and forth to Singapore  
    • Thanks @lolerz. I've attached it to the post. What do you think? What's the organ grinder? NTK.pdf
    • I'm afraid that if the value of the item was under declared then that is probably the best that you can hope for. Also, because the item was incorrectly addressed – even by a single letter, if that because the issue relating to the delivery then that has probably compounded the problem. There is probably very little that can be done. If you are lucky you will get the item back and then you can start again and declare it properly. Undervaluing parcels which are sent by any means is always going to cause a problem if the item is lost or damaged. It may mean that the cost of delivery is slightly less – but at the end of the day the risk becomes yours. When you enter into any kind of contract, effectively you declare it a level of risk to your contracting partner – and they decide to enter into the contract with you based on that level of risk. You have declared a level of risk and £50 – and that's the deal.   Additionally, undervaluing an item which is an internationally has the effect also of evading customs and any VAT system which is in force in that country – and that makes the whole thing a little bit more serious
    • Perfect. Nice and brief and to the point. You don't bother to start telling your life story. Just the way it should be. Send it off. You have probably done enough reading to understand that it won't make any difference don't start drafting your particulars of claim. Open an account with the MoneyClaim County Court system and start preparing. Post your particulars of claim here before you click it off. You may have noticed that at some point you will be asked if you want to go to mediation on this. We used to advise it but now we recommend that you decline mediation and go to trial. Your chances of success are much better than 95%. Going to trial will incur an additional hearing fee but of course you will get that back. However if you go to mediation, they will simply try to penny pinch and to get you to compromise and also they will sign you up to a confidentiality agreement and probably threaten you if you breach it. Not only that, if the mediation fails because you stand your ground, it will add additional delay while they then give you a date to go to trial. The best thing to do is to decline mediation – prepare for court hearing. Pay the extra fee. The chances are that rather than get a judgement against them they will then offer you a full settlement rather than go to court. If they do offer you full settlement then you will be obliged to accept it – but that's what you want. If they don't offer you full settlement then you will go to trial and there will be a judgement against them. Just so that you understand, our first interest is that you get your money back – but a close second is that it does go to trial and there is a judgement which we will then be able to use to help other people. Anyway as you should realise, we will help you all the way.
    • I sent a parcel to Singapore but i spelt the address incorrecltly by 1 letter so the parcel couldnt be delivered and was returned back to the Uk but checking the tracking today the parcel had returned to the UK but is somehow on its way back to Singapore as the tracking says "Item leaving the UK"    Ive spoken ( tweeted) Royal Mail help who confirm that the parcel seems to be going back to Singapore and that if its not " Delivered" by the 29th of April theyll deem it as lost and will accept a claim but i cant remeber when booking what the compensation amount was but i dont think it covers the amount of the item.  As it was my fault that it wasnt delivered in the first place can i trey and claim the full amount back ? i think if i remember correctly it was £50 compensation but the item was £170 So the timeline is thus ...   22nd Of March .    Booked via P2G & dropped off a Post Office.  25th March arrives in Singapore and goes through customs ect ect 26th   Incorrect address and item is flagged as "return to sender" 28th Item leaves Overseas intenational processing centre 15th of April , Item is leaving the Uk (Again)   ?    
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      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.  

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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.

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      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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dashcam faulty after 17 mts, can't be repaired -offered new one at reduced price?


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In May 2015 I purchased a Snooper DVR-3HD dashcam from Amazon sold by Amazon

in October this year it developed power related faults including turning on, battery holding no charge etc

 

I returned it to Snooper via their technical support who recently emailed back saying that although it was out of the 12 month warranty (I'd owned it 1 year 5 months) it was not a model that they stock anymore and that they do not have spares for the device and therefore cannot repair it.

 

They have therefore offered me a newer model the DVR-4HD at a discounted price of £99.99 instead of the regular RRP of £149.99. However I do feel that although this is an upgraded model I feel it is only giving me the option of paying £99.99 for a replacement direct from Snooper and if I don't, then I am stuck with a faulty dashcam which I have paid £139.99 for and lasted only 17 months.

 

Obviously there is the issue under the Sale of Goods act of arguing that goods must be fit for purpose for up to 6 years and I would consider a dashcam of that price to be more towards the higher end of the dashcam market compared to many other cheaper models and therefore expect it to last longer than 17 months before being faulty and then unable to be repaired.

 

The SOGA also says that the claim should be against the retailer (Amazon in this case) but it is Snooper who have dealt with the repair via their technical support and have not exactly told me what the fault was yet. Should I be directing my claim towards Amazon instead and should I be requesting either a replacement or at least a partial refund from them seeing as it can't be repaired?

 

Or is it fair to consider that a £139.99 dashcam can be classed as "dead" after just 17 months (i.e. only expected to last that long), or that £99.99 is a reasonable price to pay for a replacement model which now retails at near enough the same price as the old one when effectively the only main difference between the two is that the new one would be at the start of a new 12 month warranty?

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If they were to make a cash offer then I would accept that you dont get the full amount back,

amortisation of business assets is usually over 5 years

so they should refund 60% of the original cost.

 

the aternative is to replace like with like so do they have anything of a similar spec at the moment?

 

Your contract is with Amazon so tell them that you want a new one,

reconditioned one of similar spec or a refund of £98

- this being the residual value left in an item of this value after 15 months use.

 

You can sue them if they dont agree and with proper reasoning, quoting the relevant legislation and some previous cases you will win using a standard calculation like this one

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  • 3 months later...

I had an issue similar to this, dashcam purchased from Amazon 3rd party seller... Failed after 5 months. Seller tried to fob me off until I complained to Amazon who instructed the seller to repair/replace item... Seller then demands I ship the faulty one to China at my expense (Royal Mail quoted me £43 shipping). I again complained to Amazon about their unreasonable demands and asked that they either arrange for shipping or refund me.

 

Amazon then decided to hide behind their 30 day refund policy and refused to help further... refused to refund me and because I had purchased the item using a gift card I received for Xmas... I was screwed and couldn't even do a charge back.

 

I would never suggest that you purchase another dashcam through a different friend/family account, nor would I suggest that you then return the faulty one as being non working on arrival and get a refund... that would just be wrong. :)

 

BTW... NEVER get a Mini 806 dashcam or anything remotely like them... they're all utter garbage... I would however highly recommend the Nextbase range as reliable and good quality... It's caught some complete and utter idiots on the roads.

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