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    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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    • Hi Guys, well a year on and my friend has just received this in the post today, obviously a little scared so looking for more of your advice.  Letter from the NCC dated 1-May-2024 is as follows.......   Before deputy district judge Haythorne sitting at the national business centre, 4th floor st Kathrine's house Northampton Upon reading an application from the claimant  it is ordered that  1. The claim be sent to the county court at #### (Friends local Court) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.  If the application is one which requires a hearing, and a) the party making the application is the defendant: and b) the defendant is an individual, then upon filing of the application the claim will be transferred to the defendants home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court.    As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) 
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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 
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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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Help car rejection


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Re: Sunnyskies car problem

Hi All long story please dont go to sleep, but need help from you clever folk.

In September of last year bought a new Audi

had a couple of probs with it over next few months all sorted out under warranty.

Car had done 8,000 when whilst driving vehicle just cut out leaving me stranded in the middle of a busy 2 lane road. Audi assistance out after about 1 hour, nearly got hit by a skip lorry in process. Audi man took car to bits at side of road and diagnosed bad earth, faulty battery. Followed me to dealerhip vehicle cut out further twice on the way there. At dealership could not find any fault codes but replaced battery, they stated that they did not think that was the cause of the fault. Kept vehicle from 8th till 19th of January.

Must admit fell 3 payments behind with vehicle, befoe and during the breakdowns. Had vehicle back on 19th january after doing about 2o miles and whilst leaving busy car park vehicle cut out blocking most of exit of car park.

Waited for Audi they came out found a fault code GREAT

Taken back to dealership done lots of digging car taken to bits, then at the same time as i rejected the vehicle VWFS decided to stop agreement and keep car. Dealership was just about to order new ECU they think that that might have been the problem, but were stopped from ordering it.

Letter from thier solcs stating i cant reject vehicle due to substatial use of the vehicle. They say all i am entitled to is limited damages and any costs directly caused by VWFS. They still have my private plate which they have not released.

State that they will take court action next week.

Have sent them Subject Access Request letter, but did not include any fee because i didnt knowhow much to send.

Threatening me with substantial legal costs.

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SAR letter fee is £10 VWFS can take court action if they wish to recover the outstanding monies owed on the agreement how many payments did you make towards the car and from what you are sayinf they have repossesed it already dont know where you stand on the private number plate isssue you will have to check that with the dvla.

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Hi

 

Well if you need help we need further information from you like it is, as I have stated £10 is the fee for the SAR letter and seeing as you only took the agreement out in September of last year I am sure they will have all their information on you correct, I know that sounds bad, like I have said it's sounds by what you are saying the have reposesed your car due to missed payments have they not? How many payments did you make on this agreement did you get any type of default notice from VWFS? Like I say the personal number plate I'm not too sure about on that you will have to call the dvla.

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Rejected the car, this I'm not too sure on I dont really think you can do that considering you have had it since september and have already ran up 8,000 miles on it. Seeing as you are in an agreement with VWFS you are way past the 14 day cooling off period. So I think you may be stuck. Just get your SAR off to them and see what they turn up but dont be surprised of what they have.

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Hi

I rejected the vehicle before i received any paperwork re them taking the vehicle back.

I only made about 4 payments.

I presume that rejecting the vehicle means nothing then.

I did think that i would have some rights but obviously not,the only default i received from them was addressed to the wrong address but did find me.

The letter stating that they were taking the vehicle back had a wrong reg number on, they then sent me one with the correct one on

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So thats a bit of an od situation I'd say sending you all the wrong information then send you the correct information strange, did you sign the finance agreements and keep a copy for yourself at the showroom when you went to take delivery of the car?

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Hi

Sorry for the curt reply but am a bit worried.

Yes signed them at the dealership.

When they got wind about me rejecting the vehicle they first sent a default notice to wrong address, it was only because the postman knew me it got to me.

Then the letter they sent me telling me they were terminating had a different reg no on, i informed them stupidly i know and they sent me one with the right one on.

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LIke I suggest dont worry about it send them the SAR letter tomorrow be recorded delivery if possible so you know that it will get there and you have proof of delivery oh and also dont sign the letter just print your name, an as for the fee I would suggest sending a postal order for them and then just sit back and see what they come up with, if I were you if you have the agreement to hand read through it and see what the terms and conditions say about all this.

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