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    • Thanks all. Confused. But empowered. This forum is a ffffing lifesaver. Why isn’t it advertised for help. 
    • Yes, you are right. My mistake. I wasn't paying attention. If you have sued as a business then you will have to rely on the fact that they are attempting to limit or exclude their liability under the Supply of goods and services act 1982 and that their insistence on paying something in addition to the agreed contract price for the service is unfair and contrary to the unfair contract terms act 1977. Well spotted. At least one of us is on the ball – and it obviously isn't me!
    • I had an eBay account a few years ago and sold a high-value piece of jewelry for around £9000. I sent the item to eBay's authenticity center (mandatory for this value), and the tracking showed it was delivered. However, eBay later claimed they never received it. After an investigation, UPS said it was delivered to a different address on the estate where the authenticity center is located. Eventually, eBay located the package but said it contained only chocolate and unrelated items, which I obviously did not send. UPS was unhelpful. As a result, eBay refunded the buyer, and my account went minus £9000. I refused to pay, lost my eBay account, and no longer have access to it or the associated email. Today, I received a text from DRS debt recovery with my name and a reference number, stating I owe a debt to eBay and to log in online using a passcode emailed to me (which I don't have since I no longer have access to the email). When I called DRS for more information, they asked for my address, which I refused to give based on advice I read online. They then said they couldn't discuss the debt further and ended the call. What should I do in this situation? Should I contact DRS again and provide my details to find out more about the debt? Should I send a letter explaining why I shouldn't owe this debt and do nothing further? Is there a legal risk of them taking me to court? Any advice would be appreciated. From what I am aware of, I think they only have my name and telephone number. I have not received any debt letters in the post and I removed/change my address from eBay at the time this all happened. I also have not received any CCJ's. This is the first time they have contacted me. They sent me another text with a PDF letter explaining the debt. The address on the letter is the address on my ebay account which is not an address linked to me and is actually missing the first line.
    • Well firstly, I would point out that according to section 2 paragraph 4 it is on P2G to prove that you are not a consumer for the purposes of the contract. Anyway even if they prove it you can just rely on  Unfair Contract Terms Act 1977 which gives you similar rights.   don't out yourself. let p2g prove it. its on them to prove not you.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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