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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.

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      Many thanks 
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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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ELC - online order problem.


Reavna

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Hello there, just wondering if anyone has any ideas as to how I deal with this problem.

 

On the 29th November I placed an order with Early Learning Centre, online. I ordered a few stocking fillers and a Fisher Price Kids Tough pink digital camera for my daughter for Christmas.

 

I paid for the items on my debit card and a few minutes later I received an order confirmation e-mail which correctly listed all the items I had ordered.

 

I received my order this morning, and upon opening the box I discover they have sent me a Fisher Price Kids Tough FP3 player in pink. The delivery note in the box was correct listed the camera but the wrong item had been sent so I phoned them and informed them of the mistake and asked for a replacement camera to be sent ASAP.

 

The camera is now out of stock and they are not expecting any more in until the 19th December and will not guarantee a delivery in time for Christmas but if I return the incorrect item they will refund my card.

 

Their courier is booked to come and collect the wrong item tomorrow, but it can take 10 - 14 days for my card to be refunded (as they have to process the return, make sure it's in good condition, etc, etc)

 

I've managed to find the camera in stock on Amazon but I am unable to buy it until the £60 from ELC has been refunded to my card.

 

Now, this was their cock up, they sent the wrong item to me but they're now holding on to my money so I can't buy the camera from anywhere else. The camera seems to be quite popular and has sold out in most places, so I suspect Amazon will be out of stock before much longer as well.

 

What can I do? Is there any way I can force them to refund me? It's their mistake after all.

 

The woman on the phone was very unhelpful. She seemed to expect me to trail around all nearby ELC stores until I found one with the camera in stock and then got very stroppy when I pointed out I lived in a small village with no ELC stores nearby and I wasn't prepared to drive half way round the county to find one.

 

Thanks!!!!!

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Small update on this.

 

The item has now been collected and I was given a barcode by the courier.

 

I thought I'd ring ELC with the barcode number so they can see it's been collected and ask them to refund me now.

 

They still won't do it and have told me I have to wait until them item has been received by them and the return has been processed.

 

I'm really cross about it now, I paid for a camera and it's not my fault they sent me the wrong item. They'd admitted it's their fault but still won't refund my card.

 

Any ideas please?

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