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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
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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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SHIPLY - again


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Yet another dissatisfied customer. I live in France and because bedding is so dear here ordered a mattress in January delivered to my daughter in the UK. I'd already found the Shiply site and had a quote. Of course, the mattress was collected but never delivered and I am £600 out of pocket. Small beer compared to some of the complaints here, but just another reason never to go near them.

 

 

ETA I have discussed at length the problem with my bank today and they were most interested to hear of the 18 pages of complaints here. They say they are reviewing the company's acceptance as a supplier. Yes or no, we have nothing to lose. my bank is Lloyds, and maybe if we all try, we can get them well and truly screwed.

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  • 2 weeks later...

Shiply Again,

 

I have just been conned by Shiply too - the agreed Shipper cancelled because his van broke down within 1 hour of paying the Booking Charge and now Shiply will not refund the money paid. It is not the £13 I care about it is the fact that they dare withhold it, this sort of thing doesn't happen here I thought. I have opened a Complaint with Trading Standards, PayPal and their main revenue source EBay, I will also be sending a letter to Watchdog. May I ask everyone who has been conned by this Sharp Business to consider doing the same. Trading Standards etc... can only act when they get a significant number of complaints (The ASA has already ruled against Shiply in 2012 and Shiply has seemingly ignored this ruling, I have sent out Screen Shots of their Website to a number of Organisations regarding legality.

 

I think I read that there are 17 pages at least on this Website alone with complaints against Shiply, the more people that make a complaint to recognized bodies the more likely we are going to be able to stop this shameful business.

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  • 3 months later...

I booked a courier through Shiply.co.uk. The courier collected the item (£1000 desk) but failed to deliver it. They ignored all subsequent emails and telephone calls. Shiply use a feedback rating system that does little to protect you from random acts of stealing. Surely if people aren’t receiving their deliveries Shiply would have an ethical duty to respond? Unfortunately this is not the case. I complained to Shiply and they explained they don’t get involved with disputes and it was up to me to verify the couriers details. However courier details on the Shiply web site are completely inadequate and don’t provide company names or addresses. Nor is it made particularly clear the importance of doing this.

 

Shiply control the gateway, but remain completely passive. The result is a ‘Wild West’ environment where anyone can become a victim of theft with few options available to them. Shiply are content to collect their fees from unscrupulous couriers and victims alike.

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  • 3 months later...

Have used Shiply since it first started, had a nightmare recently with a company with absolutely no comms. Had to relist delivery! Need a refund for first agreement as delivery company were deadbeat! Ended up agreeing through Shiply with someone else who has collected and delivered for me before - here is my mail to shiply (BTW HAVE SPENT AN HOUR QUEUEING ON SHIPLY PHONE NUMBER OVER 2 DAYS AND NOT GOT THROUGH TO ANYONE

 

Hi,

 

On sunday I put up a delivery on your site, I had several quotes and then accepted on on basis that the collection would be Wednesday or Thursday. By Wednesday despite calling emailing and trying other numbers no one had contacted me. When I spoke to someone, she said I was not on the list for yesterday or today. She called the driver and he had no knowledge of the job.

 

I tried to call you at Shiply, but waited 35 mins and was in a queue.Then I tried again this morning and queued for about 10 mins and had to go to work.

 

I then got an email from the collection agent saying he would collect. I said the seller did not know he had to be in and why hadn't they returned any calls emails and the reception girl said she had no knowledge of collection and nor did driver who she called.

 

I need to cancel this job asap as I have found someone else I used before who emailed me when i put the job up on shiply again. The rogue person who did not confirm or get back to me was TFlogist1 (1571) I need a refund as someone else has now collected via shiply.

 

Thank - you

 

sarah

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  • 3 years later...
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