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    • I let you know what happens tomorrow, but I believe the buyer will escalate this matter and ebay will then automatically find in his favour and either   send him a label to return the goods to me and try to charge me for the label and then asking me to refund the buyer when I get the goods back or  refund him and tell him to keep the goods, then asking me to re-imburse them I'll find out tomorrow and post here which way it has gone
    • Just been notified by HM Courts that EVRI have been given a further 14 days to respond to my MCO. Rgds, J
    • Great. It will be very entertaining to see the reaction. Now are you in the mood for starting a small claim on the basis of their data protection breach – the failure to respond to the subject access request? You please wait months – and this should be much simpler and much lower risk in terms of cost outlay. I would suggest that if you are up for it that you get ready to issue a claim for £100 for distress for failure to respond to your subject access request. They would be really stupid to defend it and in fact they would even be stupid to allow it to go through as a claim – but you need to be ready. The cost of issuing the claim will be £35. I would also make a complaint to the information Commissioner's office Data protection and personal information complaints tool ICO.ORG.UK Find out what to do next if you’ve had a problem accessing your personal information from an organisation, or if you’re unhappy about how an... This will be a very easy complaint to make. You would upload a copy of your subject access request. Information Commissioner won't do much but you will get response and eventually they will come back to you and simply say that there has probably been a breach. They tend not to say anything more than that that this will be good enough if you find that you do have to go beyond simply issuing the claim. Let us know if you would like to do this. The hundred quid is useful – but the main thing really is to harass them and to emphasise how incompetent they are. This will stand you in good stead if we have to have further litigation to bring the whole agreement to an end.  
    • What would be my options if they sent the letter of claim? As I have statements which have an 'original total' minus the payments and the details of account number, Duration and amount of credit would this likely be used in the letter of claim?  
  • 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
      • 160 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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