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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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      BankFodder

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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

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ScarletPimpernel

ScarletPimpernel

Posted
Posted

You may well have a case for wrongful detention. You should certainly not pay , or respond to, any letter you subsequently receive from RLP.

 

For further advice and information, please send a pm to Joncris. Whilst we normally ask for all advice to be given in open forum, there is a good reason for some retailer/RLP issues to be handled in this way.

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emmarev

emmarev

Posted
Posted

Hello. I don't know the ins and outs here and I am just butting in but I used to be retail security and now I'm an SIA Trainer so I may know a couple of useful things??

 

If you did steal or even mistakenly walked out with the items without paying.... it makes no difference to the guards. If it was a genuine mistake, you were still committing theft in their eyes and while you may be telling the truth about your forgetfullness... they cant decide that. When I worked in retail, I arrested 15 people plus a day... if I listened to all their excuses, I'd have let them all off and lost my job. So please bear this in mind if that's the case. (sounds harsh but i really am trying to help.)

 

If you have a medical reason for your transgression, explain this to the RLP and they generally listen, as I said, dont plead with the security guard or store as you are guilty to them, even if it was a genuine mistake. (I've repeated this because it's unfortunately true.)

 

If however, it was wrongful detention (as in you were detained in a small room etc), you broke no laws and had no stolen items on your person at the time of arrest then you can sue the guard for wrongful detention. Again, I will stress that you will be suing the guard, not the shop, as his company and his place of work would most likely sack them rather than be dragged up into the charges. So think about this as you may be inadvertantly wrecking someones livelihood. (although if they are a rubbish guard who cant do thier job properly, i'd rather you did this as I train them the correct way and there are too many still thinking they are police.)

 

Finally, if they mentioned they have caught anything on CCTV, write a letter to the store manager (but call them the Data Controller in your letter) and ask to see footage of you... do it quickly at footage is not kept for more than a month - and within a certain time frame (which I cant remember off the top of my head) they MUST allow you to see the footage. Everyone has this right but few know it - if you are in a public place and not private land, you can ask to see footage of yourself - even footage of you walking down the street if you so choose. Do this.

 

They will then have to amend the footage so it conforms to Data Protection but otherwise they will eventually have to show it you. I'd also send it recorded delivery so you have evidence you sent the letter.

 

Anyway, I'm grasping at straws because I dont know what went on so feel free to message if you need.

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JonCris

JonCris

Posted
Posted
Hello. I don't know the ins and outs here and I am just butting in but I used to be retail security and now I'm an SIA Trainer so I may know a couple of useful things??

 

If you did steal or even mistakenly walked out with the items without paying.... it makes no difference to the guards. If it was a genuine mistake, you were still committing theft in their eyes and while you may be telling the truth about your forgetfullness... they cant decide that. When I worked in retail, I arrested 15 people plus a day... if I listened to all their excuses, I'd have let them all off and lost my job. So please bear this in mind if that's the case. (sounds harsh but i really am trying to help.)

 

If you have a medical reason for your transgression, explain this to the RLP and they generally listen, REALLY as I said, dont plead with the security guard or store as you are guilty to them, even if it was a genuine mistake. (I've repeated this because it's unfortunately true.)

 

If however, it was wrongful detention (as in you were detained in a small room etc), you broke no laws and had no stolen items on your person at the time of arrest then you can sue the guard for wrongful detention. Again, I will stress that you will be suing the guard, not the shop, as his company and his place of work would most likely sack them rather than be dragged up into the charges. Nonsense you sue the the security company AND their employer the retailer including RLP What you don't do is sue individuals........ unless they are acting outside their employment So think about this as you may be inadvertantly wrecking someones livelihood. I doubt the OP cares I know I don't (although if they are a rubbish guard who cant do thier job properly, i'd rather you did this as I train them the correct way and there are too many still thinking they are police.)

 

Finally, if they mentioned they have caught anything on CCTV, write a letter to the store manager (but call them the Data Controller in your letter) and ask to see footage of you... do it quickly at footage is not kept for more than a month - and within a certain time frame (which I cant remember off the top of my head) they MUST allow you to see the footage. Everyone has this right but few know it - if you are in a public place and not private land, you can ask to see footage of yourself - even footage of you walking down the street if you so choose. Do this.

 

They will then have to amend amend the footage? don't you mean edit it to conceal their unlawful or even illegal actions the footage so it conforms to Data Protection what does that mean but otherwise they will eventually have to show it you. To right AND unedited I'd also send it recorded delivery so you have evidence you sent the letter.

 

Anyway, I'm grasping at straws because I dont know what went on so feel free to message if you need.

 

 

See above in red

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kurvaface

kurvaface

Posted
Posted
Hello. I don't know the ins and outs here and I am just butting in but I used to be retail security and now I'm an SIA Trainer so I may know a couple of useful things??

 

If you did steal or even mistakenly walked out with the items without paying.... it makes no difference to the guards. If it was a genuine mistake, you were still committing theft in their eyes and while you may be telling the truth about your forgetfullness... they cant decide that. When I worked in retail, I arrested 15 people plus a day... if I listened to all their excuses, I'd have let them all off and lost my job. So please bear this in mind if that's the case. (sounds harsh but i really am trying to help.)

 

If you have a medical reason for your transgression, explain this to the RLP and they generally listen, as I said, dont plead with the security guard or store as you are guilty to them, even if it was a genuine mistake. (I've repeated this because it's unfortunately true.)

 

If however, it was wrongful detention (as in you were detained in a small room etc), you broke no laws and had no stolen items on your person at the time of arrest then you can sue the guard for wrongful detention. Again, I will stress that you will be suing the guard, not the shop, as his company and his place of work would most likely sack them rather than be dragged up into the charges. So think about this as you may be inadvertantly wrecking someones livelihood. (although if they are a rubbish guard who cant do thier job properly, i'd rather you did this as I train them the correct way and there are too many still thinking they are police.)

 

Finally, if they mentioned they have caught anything on CCTV, write a letter to the store manager (but call them the Data Controller in your letter) and ask to see footage of you... do it quickly at footage is not kept for more than a month - and within a certain time frame (which I cant remember off the top of my head) they MUST allow you to see the footage. Everyone has this right but few know it - if you are in a public place and not private land, you can ask to see footage of yourself - even footage of you walking down the street if you so choose. Do this.

 

They will then have to amend the footage so it conforms to Data Protection but otherwise they will eventually have to show it you. I'd also send it recorded delivery so you have evidence you sent the letter.

 

Anyway, I'm grasping at straws because I dont know what went on so feel free to message if you need.

 

Talk about the blind leading the blind:rolleyes:

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shanty

shanty

Posted
Posted (edited)

Emmarev you are not a security trainer,they are thick,but not that thick.....

and no security person arrests 15 people day,yet in another post you say you have 200 arrests a year-thats not adding up..If you were good at your job you would not feel the need to brag with numbers,its always a giveaway..

 

You say it makes no difference to the guards if someone mistakenly walks out with something,that this is still theft!

 

No its not theft if it was accidental.You are worrying me..

 

The sia course is a joke I believe,something that could be passed by barely trained monkeys.

Edited by shanty
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Zamzara

Zamzara

Posted
Posted

Don't be too hard on him, this is the less well known section of the theft act which makes it an offence to accidentally take property without the intention of depriving the owner of it. :rolleyes:

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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shanty

shanty

Posted
Posted (edited)

Quote Emmarev "If you did steal or even mistakenly walked out with the items without paying.... it makes no difference to the guards. If it was a genuine mistake, you were still committing theft in their eyes and while you may be telling the truth about your forgetfullness... they cant decide that. When I worked in retail, I arrested 15 people plus a day... if I listened to all their excuses, I'd have let them all off and lost my job. So please bear this in mind if that's the case. (sounds harsh but i really am trying to help.)"

 

 

 

 

 

 

 

 

 

 

Last week my daughter took £10 from my handbag while I was out.

 

When I asked her about it,although she claimed she borrowed it to get a taxi to work after her car wouldn't start (true) and that she would have mentioned it when she got home,I just knew that it was my Civic Duty to call the Police.

 

I thought it was not my place to make that kind of descision,as to whether she was telling the truth or not,but that I would let THEM decide if it WAS theft,or not. Thank goodness for procedure :rolleyes:You see it was written down somewhere and I always blindly follow rules without question.You see if I "listened" to her "excuses" what kind of a person would I be?

 

Emmarev,all you seem to be bothered about is YOU and yours losing their jobs,not about the dubious nature of your actions and the effect on someone of them being unjustly accused.Arrest is a very very serious matter and never one to be taken lightly,it is not a game.

Edited by shanty
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