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    • Please will you monitor the thread for a reply on Sunday. Also when you make posts please can you spice them with lots of paragraph spaces etc because it becomes very difficult to read on a small screen such as a telephone and it tends to put people off.
    • My son purchased a car from BIG MW in April. 6 weeks later we sent a letter confirming we were rejecting the car due to it having modifications we were not made aware of - it’s been remapped and also changes to the exhaust removing one part and replacing with a straight pipe. This was confirmed to us by a garage we paid to assess the car. Things have gone fairly smoothly BIG MW sent their own assessor to the car 9 days ago which states the exhaust is immediately obvious when inspecting under car (something their 200 point check claims to do) and has also raised issues over the front tyres. Now BIG MW seem to have stalled, fobbing us off as to why they can’t confirm rejection at the moment and after good progress, the last 9 days since the assessment it’s not progressed at all. The latest is needing the finance company to confirm the outstanding balance - we paid it off within the cooling down period and have sent evidence of this, plus surely a HPI check they have easy access to would confirm this. So now another week passes with a car that can’t be driven and is costing a fortune to insure to sit on the drive. BIG had the car MOT’d in January and it passed with no advisories but the tyres are very poor and should have been picked up and emissions from the exhaust are high and causing a warning light so I have concerns as to whether the MOT is even genuine. I’ve threatened legal action if rejection wasn’t confirmed today, they are aware I work alongside lawyers who deal with disputes.  Any advice as to how I make them stop fobbing me off with delays and get them to confirm rejection? Also the car has done 2,500 miles since we’ve had it - what sort of deduction is reasonable - I’m loathe to accept any as they misrepresented the car and have dragged this out longer than needed. Thanks
    • Please will you check back on Sunday at some point for a full response
    • Many thanks for the advice. Form en route Monday a little late after sorting witnessing by a solicitor. 
    • Good spot, LFI. So you're meant to find a space, park up and then find a ticket machine within five minutes of entering the car park? Very fair... HB
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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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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Royal Mail Wont Pay Compensation For Lost Recorded Signed For Item Wrong Address *****Resolved*****


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Hi

I am so frustrated I sent an item that I sold on Ebay via Recorded Delivery to a Paypal confirmed address and the buyer said they had not recieve it so I checked the Royal Mail tracking and it was never delivered after even a month(it says it is still in there postal network)

So I claimed and sent all the items needed and then recieved a letterfrom the Royal Mail saying:

One of our conditions of posting is thet all mail must display a correct full address inc postcode.As the address used in this instance did not meet our requirements.I am sorry but I cannot offer you compensation for the loss.

I sent the item to a

Flat 2 , 5 Private Road

Area

Town

Postcode

I also included my return address and it hasnt been returned.

The postcode shows the address I sent it to when I searched using the Royal Mails address finder but not any flats and i did a google search and this road is full of flats in each house in this Road and it is Paypal confirmed I am furious.

Any suggestions and advice most welcome ?is the first suggestion a call to the Royal Mail customer services because this cannot be right.:mad2:

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I'm a little confused as to what you are saying... does the address you sent it to actually exist, or not?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Hi

Thanx for the reply,the correct address door number comes up (5 Private Road)

on the royal mail search using the post code but no mention of flats at this address.

The person I sold the item tells me that this house has recently been made into flats hope this explains a bit better.

Also the address given including the flat number is paypal confirmed i thought this meant that it is the correct bank details.I had to fully refund the buyer.

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First confirm with the buyer that this is the correct address and that they pay individual council tax for the flat within the building.

 

If this is a Yes then Get back in touch with Royal Mail and tell them that the address is correct and it must be their Address Management System which is out of date (Called Aplus Internally).

 

When Royal Mail are notified of new addresses / flats such as this by the Local Councils, it should be updated on the Local Offices Aplus system which feeds into the National Postcode Database, this does not always happen as it should and there are sometimes delays, hence it's not showing up as a confirmed address.

 

Once you have this confirmed, your claim should be looked at more favourably.

 

Steve

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  • 5 weeks later...
  • 4 weeks later...
  • 2 weeks later...
its all in the postal services act 2000

 

to true paul

 

It is not true that "You can't take the Royal Mail to the small claims court!"

 

Section 91 of the Postal Services Act provides that "Proceedings shall lie" in so far as a service provider "accepts liability under this section in pursuance of a scheme made under section 89"

 

Section 90 of the Postal Services Act 2000 is otherwise an exclusion of liability, but not an absolute abnegation of responsibility.

 

Apart from section 91, the exclusion would apply to something "done or omitted to be done in relation to any postal packet in the course of transmission by post". Related to a separate issue, you could in any case sue an officer, servant, employee, agent or sub-contractor of a universal service provider, on that account.

 

Because of the Postal Services Act, the Royal Mail is a service provider, not a department of the government.

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  • 8 months later...
Oh no, no no! You can't take the Royal Mail (or certain other bodies including any Government department in fact) to the small claims court!

 

Sorry, I know this thread is months old (just came to it because I need to claim for a lost item), but had to reply to this!

 

I took RM to Court a couple of years ago and successfully got them to cough up £100! Not the greatest victory, I grant you, but better than nothing. So unless Paul was being sarcastic, it's certainly doable! :D

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  • 2 months later...

Congrats Fernis,

 

I am continuously fustrated by the actions of my local Royal Mail sorting office. Whenever I deal with any company that requires correspondednce, I have to tell them early on, not to rely on any letters or parcels being delivered properly by royal mail!

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Sorry I never responded to my thread and i feel i must tell what happened,after being given the runaround by the Royal Mail they eventually give me a booklet of stamps as compensation for the loss.

So I complained to the Royal Mail again and said they took the money for recorded delivery and there wasnt any signature recied and i didnt even have the items returned to me by them.

They still said they stuck to the decision so i complained to the Postal Review Panel and guess what they refunded me in full within 2 weeks and they said they had spoken to the delivery man for the address and he confirmed it was an actual address that he delivers too so success after persevering what i knew was right.:oops:

I cannot post the link to the Royal Mail site on here because i have only posted a couple of times but just search google for royal mail customer care complaints process to find the link.

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