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    • I'm trying to unravel this – but I get the impression that there was no contract between you and EVRi and that you didn't even choose them but instead you decided use some third party parcel broker in the USA which organised the delivery. Is this correct? EVRi came into the picture because they would then eventually selected for part of the journey although you had no knowledge that it might be them and I suppose it didn't really matter as long as the item got to you. Secondly, I really don't understand the journey which this item made. You bought the item from somebody in the USA. They then were meant to dispatch it to you to another address in the USA but for some reason or other it came to the UK and then into the hands of EVRi at which point it was lost or stolen. More confusion here because you now tell us that EVRi marked it as being out for delivery but it was never delivered. This suggests that it was going to be delivered to a UK address but earlier on you said that it was going to be delivered to USA address. I think you need to look at the story. Maybe show it to a friend of yours who is not particularly where the details and ask them if they can make head or tail of it and then come back to us with clarification so that we fully understand. Also, I think we'd like to know what the item is, how was it declared, what was the value which was declared. You said it was a valuable item because it was rare and collectable. I gather from this that it is non-fungible. We need to understand more about this. Was an insurance policy purchased to cover it during the delivery process. I understand that this rare and collectable item be valued at £200. Have evidence this value. This could become very important. Also you have given is no idea when this happened. We need to understand the full timescale. There are a number of possibilities here including the possibility of the contract action against EVRi on the basis of your third party rights or an action for negligence but we need to know far more and we need to get a story that makes sense.   Finally, I understand that you have sent the letter of claim. What did it say? How much time did you give them? What did you expect to happen as a result of the letter of claim? Whatever the answers to those questions might be, clearly you had no idea how to proceed after having sent such a letter. A letter of claim is meant to be a serious threat of some legal action if some condition which you have stipulated is not complied with. You set a deadline for compliance and at the end of that deadline you issue the court action. Clearly you are not in a position to do that so your letter of claim is a bluff and undermines your credibility and it will find its way into the EVRi wastepaper basket – if it's not there already.  
    • Good morning. I just wanted to check something please. The other side have moved slightly and negotiated a full and final offer price to end this matter. I am happy with this. However, I want to make sure this is the end of the matter and am emailing the following over to them prior to payment. Is this enough to ensure they can come back for nothing else? Thanks -------------------------------------------------- Dear Sir.   With regards your last email below.   I am pleased to agree to the full and final settlement figure given below.   Can you confirm this payment will be in full and final payment with no further claim to be brought against me in this matter?   Best regards
    • 100% sure I didn't receive it, that why my first post is with the £100 letter.
    • Engine, the technology business Starling Bank was built on, has been busy launching banks around the world, from Romania to Australia.View the full article
    • use this your WS and inc this as an exhibit off to bed now 3 nights been up till 4am aurora watching wont be on too early as it's lambing season out herding with the dog. your WS main thrust is the debt would now be SB'd , the DN was filed xxxyrs+months after it should have been thus unlawfully extending  SB date to infinity. highlight their admittance regarding errors at that time period in your 'redetermination'  paragraph. agreements unreadable. would have already been written off due to SLC age write off criteria has they not issued the claim to stop the SB clock when they had no paperwork to prove their case in the 1st place. never earned over threshold. dx       Erudio - stopped sending email deferments won at FOS DRN-4141462.pdf
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      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.  

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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.
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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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Contractual issues Carcraft/Creation Finance re-titled (member mfaal1 )


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The Customer purchased a vehicle and signed a legally binding document which stated that they were at this time happy with the purchase.If the customer is unhappy with the price given, or feels that they can get a similar vehicle cheaper elsewhere, then they are entitled to do their homework prior to signing for a car at Carcraft.If a customer then finds another car they like elsewhere that is cheaper and then want to return their original vehicle back to Carcraft - We simply cannot do thisThere is nothing wrong with the vehicle and a legally binding contract has been put in place.Let me put this analogy to you – If you got a mortgage and picked a house, which at the time you liked, but then after moving in, you found another house down the road which you equally liked but was slightly cheaper, would you expect the mortgage company to let you hand back the house because you no longer like it? This in principal is the same thing, there is nothing wrong with the vehicle other than the fact you don’t like the price after purchase.It has been stated that you want a vehicle at ‘Market value’ – Carcraft is a business, and I refer you back to my second sentence, alongside this, a vehicle you may have seen elsewhere may be cheaper and may be younger, but may have a higher mileage or different specification etc.I apologise that you will be unhappy with this response, and others given to you by other members of Carcraft, but as far as I am aware Carcraft have done nothing wrong other than sell you a vehicle which you later decided was not the price you wanted.

The problem with this analogy is that not only has the customer not moved in yet - they don't don't even have the keys.

 

There seems to be an easy solution to this particular problem - the finance company are willing to cancel, it appears the customer may even be willing to still use Carcraft to get a similar vehicle....but Carcraft's attitude seems to be "We've got your signature so tough luck". It seems odd that Carcraft are willing to attract such bad publicity over the sake of circa £7k.

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Not that I'm an advocate of car craft or it's practices and playing a bit of devils advocate here is it not a bit hipocritical to start having a go at Carcraft from a legal perspective when it just might be that they have done nothing wrong????

 

I.e. Punter agrees a price which it is sold at and then finds cheaper elsewhere so tries to reject??

 

As we all know, car values vary wildly yet here is an assumption that the buyer has been ripped off without any details as to the age and mileage or any evidence of like for like to substantiate the claim.

 

Also there are three other complaints within this thread that seem to have fallen by the wayside.

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I have to agree with heliosuk.

To be fair,CC have answered lots of questions,and also remained despite some testing comments.

If we are to expect them to show some pro active input,then they must be allowed to do this.

Its not always possible to cover everything in the open,and there should not be an expectation of a quick fix or immediate promise.

At the end of the day it is in their interest to see the op report a satisfactory conclusion,it is when that happens or does not happen as the case may be,that judgements can be made.

We still do not know what the conclusion will be here,or indeed as heliosuk pointed out,whether there is conclusive recourse to be talking legal or regulatory involvement.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Have sorted posts into a dedicated thread and re-titled.

Will also do the others mentioned,which should enable monitoring of progress/updates.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Yes Helio, this is why I always urge NPs to start new threads and it should be a forum rule (if it isn't). Anyway, i'm off out to my favorite late haunt!

 

I do believe I did hear that his had been raided and closed down Sam !!!

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OK, now that this thread relates to to little Pug 107, what did you buy, what have you seen elsewhere and what can you get from same said dealer new?

 

The difference you quote in price seems a bit far fetched to me, even for someone with the alledgely trading reputation that CC has.

 

I'll give Linzi her due though, she might actually have a point and be legally correct!! (morally though I'd have expected a bit more!!!)

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Other threads done as best as poss.

If anyone spots anything that needs further-please hit report button.

Ta.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Not that I'm an advocate of car craft or it's practices and playing a bit of devils advocate here is it not a bit hipocritical to start having a go at Carcraft from a legal perspective when it just might be that they have done nothing wrong????

 

I.e. Punter agrees a price which it is sold at and then finds cheaper elsewhere so tries to reject??

 

As we all know, car values vary wildly yet here is an assumption that the buyer has been ripped off without any details as to the age and mileage or any evidence of like for like to substantiate the claim.

 

Also there are three other complaints within this thread that seem to have fallen by the wayside.

 

I'm not going to pretend to understand the legal ins and outs of consumer legislation, and it may indeed turn out that Carcraft are on a sound legal footing with regards to a customer signing a contract on site.

 

However, the OP does say that they were told by the sales staff that they had a cooling off period when in fact it appears that this is not the case. It is this point that needs addressing IMO, not whether the legislation has been followed, as there appears to be a very common theme running through several of these Carcraft threads - that of sales staff promising customers deals and clauses that they can't (or won't) back up. In this particular case, why wouldn't the punter try to reject after finding a cheaper deal? According to them, that is what they were told they could do. Having done nothing wrong 'from a legal perspective' after being told this seems to be a moot point.

 

I've never personally used Carcraft myself, and I can't have any complaints about how quickly Linzi responds to people's complaints and the courteous manner in which she does so. Unfortunately it seems to me that the company is being let down by sales staff using some very questionable methods. I know I will never use Carcraft in the future having read some of the threads on this site, and from having dealt with them first hand. Until their sales staff are reigned in, I can see plenty of other people thinking the same way.

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Hiya all I sorry I haven't been on for a few days but I normally get emails informing me if someone has posted and unfortunately this never happened

The figures we quoted are all from whatcar.com which is a good site for car valuations

I am pleased to inform you all that carcraft have sorted everything I got my trade in car back yesterday and they have cancelled the finance and the whole deal and we have be assured that everything will be sorted and confirmed by Monday 13 June 2011

After contacting linzi she arranged a meeting with one of the area managers.

Who listened to our case and resolved the whole matter within 2days.

 

I shall repost monday to let you all know what is happening and when the cancellation has been confirmed

 

Thanx for all your help advice and support and thank you linzi for listening to us and helping us get our case sorted

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hey 10/10 linzi!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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i too would like to thank carcraft customer service

 

its not often i give praise to any company that ends up on cag but well done on sorting out this dispute in record time

 

but please

 

give your frontline staff better traning so you dont keep ending up on cag

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Guest Carcraft Customer Service Manager

Hi AllThank you for your comments - it is appreciated.MFaal1 - I am glad that we managed to sort everything out for you - let me know if you have any issues.FYI - This outcome was in the customers favour - but i cannot promise that i can help everyone all of the time - each case is based on its own merit and future complaints will be gladly looked into, however not every complaint will necessarily end the way this one did - but we will always try and help wherever we can to come to the best resolution for all parties involved.

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This is quite understandable.

We know that every case is different and needs to be looked at on the merits and circumstances.

However,it does appear that there needs to be a determination on the front line,most of the reported failings appear to originate from here.

If CarCraft are able to do that,then I think you will be on the road to seeing less bad reports and complaints.

 

We know this is not going to happen over night,so in the meantime,we welcome your interventions at resolving those complaints we have ongoing at this time,and those we will undoubtedly see in the future.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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