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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 I'm clueless about legal stuff, but I assume that means they have withdrawn their Claim?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 
      • 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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Sorry, another used car problem.


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Oh dear, another car dealer thread. I feel that this time it is a little different so please bear with me.

 

On Saturday my daughter and her husband went to a car dealer in Torbay to test drive a Peugeot 307 that he had advertised for sale. They drove the car (with the salesman as a passenger) on a mixed route, town, B roads and a dualcarriageay and they liked it so left a deposit and agreed to return on Tuesday with the balance. They had arranged to pick the car up from the dealer after work, so I drove them to Torbay to get the car.

 

The first thing they noticed was that the fuel gauge was showing empty, so they stopped at the first petrol station and put £70 worth of diesel in. After leaving the station and travelling around 100 metres the engine just stopped, my son in-law coasted over to the side of the road and tried to restart the car. The engine turned over fine, it almost started then stopped, and he tried again and got exactly the same result. His first thought was “I’m sure that it was diesel that I put in”, he rummaged through his wallet, found the receipt for the fuel. Although the receipt stated the amount of money that had been spent and that it was fuel that was bought, it did not say which type of fuel. So, he got out of the car, removed the filler cap and had a smell of the fumes and he could only smell diesel, which he was obviously relieved about. All of this occurred within 4 miles of the dealer’s premises.

 

He then phoned the dealer to explain all that had happened, and was told that someone would be with him as soon as possible. Sure enough, within the hour the salesman arrived, had a quick look but admitted that there was not a lot that he could do. After looking he decided the best thing to do was arrange for the car to be “recovered”. He suggested that my daughter and son in-law continue their journey home with me and the boss would have the car looked at the next day and telephone as soon as he new what the problem was and discuss the options. The options were

1/ The fault would be something minor. It would be repaired and returned to my daughter that day.

2/ The fault would be bigger, or perhaps they would have to wait for parts. In which case they would

supply a loner for the duration.

3/ If the worst happened my daughter and her husband would be offered a replacement car from the

dealers stock or a refund.

 

It turned out that there was water in the fuel system. There was no suggestion that the fuel my daughter had bought was contaminated, but that a customer had brought their car into the dealer’s workshop, the week previous, for a service and the Peugeot had been loaned to them as a courtesy car. The dealer then went on to say that this customer must have driven through some deep water, we did have a lot of rain last week, and the water had found its way into the air intake and then into the fuel system. He was now left with a car that needed a new engine and he would be “chasing” the customer for recompense. My daughter was offered a different car or a refund.

 

None of his stock was acceptable, so a refund was agreed on. £1450 (the price of the car) in cash was handed over to my daughter. It was a shame about the car as it would have been ideal, but these things happen and up until this point the dealer had been fine. My daughter enquired about the £70 of diesel that she had put in the car. At this point the dealer’s helpful and considerate attitude that he had portrayed changed, he became very guarded and almost aggressive. He said that he had not told her to put fuel in the car and asked why she had put so much in? Surely 5 pounds would have been enough? He said that the fuel would now be contaminated with water and would be of no use to anyone there was no way that he would refund that as well. After a long conversation he suggested that we come to his workshop at the weekend and siphon the contaminated fuel out of the car and keep it. The fuel that he had already admitted was of no use to anyone.

 

He then appeared to take great pleasure in pointing out to us that the whole conversation was being recorded by his cctv equipment, which not only recorded video but audio as well. We were perfectly ok with this as we had not said anything that could be viewed as “out of order”. However, he had admitted that the contaminant was already in the car when he sold it. So that must mean that the car was sold as “unfit for use”

 

I am guessing here, but the dealer doesn’t seem to do very much advertising, there are no sign’s out side his house, although he claims to have 20 or so vehicles at any one time only three or four are visible to passing traffic and these do not “appear” to be for sale as they are not marked with a price or any kind of for sale sign, so it would seam that his reputation and word of mouth is good enough to provide him with the success that he obviously has. Surely, when a dealer has a quick turnover with this type of car he must be aware that one day something will not go to plan. I know that he can not cope with every one of his customers asking for a refund, his business could not stand it, but its not every one of them, only one. Dealers must prepare themselves for this kind of thing, customers don’t. My daughter cannot afford to lose this money, she feels that she might as well have put £70 in cash into an envelope and posted it through his letterbox, she could not have afforded that either. The whole point of buying this particular car was it was cheap to buy, cheap to insure, cheap to tax and cheap to run. If she had money coming out of her ears she would have bought a more expensive car. On this dealers web site they claim to pride themselves on providing a good quality service, they appeared to be a safe bet. Yet their car only covered less than 4 miles and lasted no more than 15 minutes before it broke.

 

What I am asking you is;

Under these circumstances is the dealer obliged to refund the £70?

If not, is there a way that I might be able to convince him that it is not worth tarring his seemingly

good reputation for £70?

 

 

Any help or advice would be greatly received and appreciated.

Many thanks, Mick.

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The dealer is correct stating that the fuel is probably contaminated however if left to stand the water and the fuel will separate. The other option is disposal and the dealer needs to pay for this service which is probably why he doesn't want to refund.

Either way whether you bought £5 or £500 the problem would have occurred therefore I think that the dealer is responsible for the £70 of fuel which they have taken back. No more phone calls. Keep every thing in writing and in writing tell them you no longer wisdh to discuss the issue on the phone as you require a paper trail.

Send a normal polite request for the £70 refund giving them 14 days to respond. When this fails, send a "Letter before Action" giving them 14v days to respond. If no reply, submit a claim through Money Claim Online.

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I would think that after that test drive (mixed route, town, B roads and a dualcarriageay) and the car worked fine you would be hard pushed to prove the fault (contaminated fuel) was there before you filled up.

I wiould be checking with the garage/petrol stn to see if they had any other complaints.

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Sometimes, You need to pick your fights.

 

Technically,your correct, in wanting recompence for the fuel, I guess

But, really....... it's a consumable!!

 

The dealer could have quite easily, have said, it's your fault, that the fuel tank, was contaminated.

Handing your money back so easily, I would class as a result. And would walk away.

 

No wonder the dealer got upset !!!!

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Sometimes, You need to pick your fights.

 

Technically,your correct, in wanting recompence for the fuel, I guess

But, really....... it's a consumable!!

 

The dealer could have quite easily, have said, it's your fault, that the fuel tank, was contaminated.

Handing your money back so easily, I would class as a result. And would walk away.

 

No wonder the dealer got upset !!!!

 

Thumper.

I said in my original post, and I quote:

 

He then appeared to take great pleasure in pointing out to us that the whole conversation was being recorded by his cctv equipment, which not only recorded video but audio as well. We were perfectly ok with this as we had not said anything that could be viewed as “out of order”. However, he had admitted that the contaminant was already in the car when he sold it. So that must mean that the car was sold as “unfit for use”

 

So I assume that you mised that bit.

Consumable?

Really?

We travelled less than 4 miles, that makes it an expensive car to run. Not really the aim of the whole operation.

 

Thanks everyone for your quick response, I will follow surfer's advice and continue this in writing.

 

many thanks, Mick.

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Having refunded the purchase price your action now would be for consequential damages being a loss you have incurred directly resulting from you being sold a defective vehicle. Whether you wish to pursue a small claim for such an amount is up to you but bear in mind the attendant costs and time.

The audio can not be used in evidence by the dealer as you were not given advance notice that the conversation was being recorded.

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