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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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      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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    • 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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Marstons Enforcement Officers

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comebackjimmy

comebackjimmy

Posted
Posted

Hi

 

1. They are a big well organized firm that operates from a base in the Midlands.

 

2. My experience of them has been as a result of dealing with them when they have recovered trade debts from a business I assist with.

 

3. They visited us a few times. I had no choice but to let them in as our business is open to the public. The visits were conducted professionally in my opinion. They were discrete, well dressed and polite. I was able to sit down with them, and explain our financial situation, which was laid out on my spreadsheet for them to view. I was able to offer repayment plans which they then said they had to run past the OC. Whether or not they did I do not know but they subsequently always accepted our offer.

 

4. However, this is not to say they cannot get up to dodgy tricks. One of their favourites is to send a letter saying they will be on site with a van by a set date and will charge you a fee. On one occasion the phoned the day after the van was supposed to arrive. Subsequently they charged us a van fee despite the fact we never saw it. I do not beleive they routinely organise third party transport as they imply they do.

 

Although I was somewhat complimentary to them in point 3. this is based on my own experience and I am not endorsing them as a good or ethical firm, but must report as I find.

 

It might be helpful for you to post more details of the debt, the amount sought, and what has happened, as CAGers can then focus specific help on you.

 

Also, wait for some other CAGers to come on here with their own experiences, which I sadly suspect may not be the same as mine.

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comebackjimmy

comebackjimmy

Posted
Posted

I would also add when they get on the phone to you they may describe themselves as "Enforcement Office". This is a psychological trick to scare you. They are a company called John Marstons and I would have thought the proper way to identify themselves is to say "John Marstons"

 

Dont let them intimidate you with this trick.

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seanamarts

seanamarts

Posted
Posted

Just be very very wary of their tricks, have a read of some of the posts in here to get an idea,

Comebackjimmy.. you are the first I have ever heard of to get a bailiff acting within the law, I must say I am quite shocked.

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comebackjimmy

comebackjimmy

Posted
Posted

Hi seanamarts

 

I would definitely agree with you to watch out for their tricks.

 

I would not necessarily say they were acting within the law, but I cannot deny what happened. I was not rude to them, and recognized they were doing a job, however distasteful, and in return they behaved in a business like manner.

 

(I cant deny that the fact that I am 129kg of towering gut and grissle may have assisted my position!)

 

hi fluffy bunny

 

You could well be right. I have seen their name crop up on here and thought they were one and the same.

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Barbarawoo

Barbarawoo

Posted
Posted (edited)

Yes sorry was the whistleblower one, can't seem to find it on the net.

 

I am going to contact the television makers and ask if they can send me a copy if that is possible, can only try and if no one can find the program and I do get it I will let you know.

Edited by Barbarawoo
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