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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.  

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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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      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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Paypal ripping me off - please advise?

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Hello experts,


can I get some help with this little problem please as the people at Paypal are being their usual spineless selves.


Basically, I sold a mobile phone on eBay via a 2nd chance buy it now to one of the highest bidders, this person agreed to pay for the item and completed all the check out details etc. in line with eBay procedures and promptly paid for the item via Papal. The buyer emailed me to confirm that payment has been made and upon checking my account and confirming the funds were indeed there and legit I decided to post the phone via special delivery as it gave me a signature proof.


That was on the 4th April, the next day Paypal put a hold on the funds as they are saying that the buyer has flagged the transaction as not being authorised, I have spoken to paypal and even sent them a screen dump of the royal mail tracking site clearly showing the item as being delivered, signed for and the person who purchased it even printed their name as well as there was no room for doubt yet they don't seem to be doing anything for me.


The buyer was based in the UK, his paypal postage address was fully verified and the item was posted to the same address.


Where do I stand with pay pal as they don't want to tell me anything and just tell me to wait for 30 days until they have conducted their review leaving me without the goods I sold of the money...



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I just cant believe how they seems to faceless and really reluctant to let you speak to anyone other that they voice activated virtual agent and then when you do finally get the human, your told that all decisions are handled by the computer and no persons are involved...


feel really let down by them.

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There is very little they can tell you, as it would be against data protection to let you know what is being done about the buyer.


It may not even be the buyers fault, if you report your card as lost/stolen the card issuer will block all transactions from that time - and paypal don't always put the transaction through instantly.

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Spoken to EBay today and they said that there was little they could do as Paypal are traded as a separate company - they also would not confirm that I would not be out of pocket as they cannot force the buyer to admit he has received the goods... I have a delivery confirmation by way of special delivery tracked number complete with the buyers signature and printed name... Surely this is approaching theft by the buyer and becoming a matter for the police ?


What do you think ?

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