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    • Update: This afternoon I got a letter from Drydens (on behalf of their client Erudio) that says: Please find enclosed, by way of service, a copy of Notice of Discontinuance sent to the Court under cover of our letter of today's date. The enclosed Notice of Discontinuance has - for all of this claim - ticked. I'm clueless about legal stuff, but I assume that means they have withdrawn their Claim?  Should I celebrate? During my hearing, when adjourning the court date, the Judge ordered that no more evidence is to be handed in by either party. I assume that they did not think they would win, therefore filed for Discontinuance.  I'm just confused how this is in their favour as they will lose the money they spent so far.  What I'm also unclear about is - does this mean that they can submit another Claim with different evidence? Or once they Discontinued they can't sue me again for the same reason?  Let's see what their next move is. Can't thank you enough for all your help!  
    • Couldn't get back to you this afternoon I will tidy it up in the morning ready for the deadline Andy  
    • @jk2054 Received the order of judgement today and Evri have also paid. @BankFodder and JK - I've recently sold an item on Ebay and this time, I did not use Packlink or Evri to send the item to the recipient (used Royal Mail and item successfully delivered). However, I took screenshots of the process to go through Packlink to book a delivery service such as Evri, as i thought it would be useful for you and other members of this forum to see how someone would choose a delivery service through Packlink, and the information that's available about the parcel value, delivery service, compensation etc.  It may also be helpful in future WS / Bundles as an example to show that Packlink is an intermediary / comparison service which provides users with a list of services of delivery companies and the user selects the option that best meets their needs. The screenshots are in the attached pdf. You'll note that A lot of the information is pre-populated such as the order value (which cannot be changed), recipient's address etc. and there is a list of different couriers / delivery services, the compensation they offer, and the price of using 1 of the couriers/delivery services. Towards the end, there is an option to select full compensation coverage from Packlink, and proof of delivery, and the costs for each of these services. In each of the screenshots, there is a prominent message that by clicking "purchase postage label", the user is acknowledging and accept that their purchase will be subject to Packlink terms and conditions - these are the Terms and Conditions that Evri provided in their defence witness statement in my case, and that I used to explain to the judge that under these T&Cs, there is a contract with the delivery company. Delivery service selection on Packlink (redacted).pdf
    • or an egg loan? as you say their paperwork only refers to an 11 digit number not a 16 digit on for a card? dx  
    • Thank you for explaining my options it makes me wonder whether they know all of this and thats why theyre being so cocky and evasive. I have one of their names so I'll try and find where they live but i was hoping to ' Force' their hand and go for a Particulars of claim letter and then wait till the 7th day of that when theyd have no more time to waist and they would cave in and refund ... They definitely have something to do with Techzone Buxton as he has given a review on his FB page ... Ill have to have a drive up to the address on Companies house page  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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I reeently signed up for a new electric range cooker after being a BH customer for 9 years. I paid up 2.5 weeks in front and was given a delivery date and told my old dual fuel range had to be removed before the installation of the new one could take place.

 

On the due delivery date I sat and waited and waited until the knock finally came at 5.30pm. The guy came in and looked at where the range was to be placed. He then informed me that my gas pipe was not safe, it was not capped and probably leaking. I had been sat in front of it for over 24 hours smoking - some gas leak. They then took the new range away and told me to contact store for a new delivery slot.

 

The following morning I paid a corgi registered gas fitter to come and look at the pipe. He came asked me why I wanted it capping when it was perfectly safe - capped it as requested and charged me £50.

 

I then rang my store and asked for a new delivery slot and was told I would have to wait a further 6 days before they could re-deliver. I explained I have two kids, one of which is disabled and diabetic and cannot live on junk food and microwave meals because of the sugar content, plus my fridge is full of fresh food.

 

I was informed that the first available delivery slot was 6 days away but if it could be brought forward it would be but was probably not likely.

 

I range customer services at head office - what a joke- he personally knew my store deputy manager and his attitude was one of tough luck. When I explained to him about the kids and the diabetes he told me I had no priority over other customers awaiting delivery. I asked him if he thought delivering a 50" tv to someone was more important than a child becoming ill from eating sugar loaded junk. He again stated I had no priority over other customers so basically yes they were more important.

 

If I had the means to buy a range cooker from somewhere else I would do so. I have never ever missed a payment and I feel thoroughly let down.

 

All Bright House want is your signature on a piece of paper, sales targets for their stores met and stuff customer relations.

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if you do buy the range cooker, i hope you would take advantage of their price promise as there are exact same identical cookers cheaper....

 

you say

All Bright House want is your signaturelink3.gif on a piece of paper, sales targets for their stores met and stuff customer relations.

 

the customer relations in the store ive been to are excellent... all professional friendly staff

but the head office staff are seriously lacking in any customer relation skills - i have a recording of my call being passed from a male staff member to a female staff member and me being told that the law i quoted was not a law but just a guide. lol.... as well as letters and emails unanswered... so, yeah, as you say, "stuff customer relations"

 

you could probably get a free cooker from freecycle.org today or tomorrow. i doubt it would be a range cooker, but it would be a cooker. and what happens if the delivery driver turns up next time and decides hes too lazy to move the cooker again and finds another excuse not to deliver? (im sure he aint qualified to say if your gas is safe or not!!!) you could get a range cooker for less than half of brighthosue price from the internet.

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You can not get the same cooker as brighthouse have a certain make that is not in any other shops so they win all round

 

Not true i ordered a range cooker priced at £999 and they price matched currys @ £799 cancelled b4 delivery tho cos have had enough of Brighthouse after taking them to court an winning a full refund for a rubbish computer

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