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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.

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      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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Compensation for seized goods by customs


boloney
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:wave: L O

 

Any idea how much could I claim from customs for seizing my goods, they were destroyed by them and I Have won battle in court. Goods were worth over £1400, to replace them in the UK I will Have to spend over £4500. customs Have section 144 of CEMA signed by judge.

Thanks

 

boloney

the difference between your actual £1400 cost and projected £4500 cost is due to higher UK tax and VAT.

I assume the Judiciary System would rule that you cannot be reimbursed for monies not spent in the UK.

Especially from (for want of a better phrase) public Coffers.

 

Personally I would take money and the moral victory.

 

Your logic for acquiring £1400 worth of tobacco product is sound, saving of £3100

 

 

dk :wave:

 

bye for now

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:wave: L O

 

crc I had 11000 cigarettes with me for me and wife.

I know I`m a marked man on the system, no it is`t clever. I will let them keep stopping me without reason and you know what I will do one day? I will sue them for harassment, my kids asking: daddy why those people stopping you every time we are crossing border, are you a criminal? have you done something wrong? and I have to explain to my kids the situation.

problem with customs is that they have`t got common sense, just like yourself. trust me there is no limit on goods brought from EU, even HMRC have this info on the website http://www.hmrc.gov.uk/customs/arriving/arrivingeu.htm

this what you saying is a limit in fact is Guideline, which you should know if you ever worked as a custom officer.

I`m trying find out when did they destroyed my goods and what power they use to do so without judgement, are they customs and judges themselves?

""dragonkeeper yes saving are huge if you compare Eastern Europe prices and UK prices, that`s why I done it"".

Crapstone that the point, if they pay me the money I paid and travel expenses to replace the goods than I will be ready to end the story, but knowing them they will come with stupid offer.

I would let you know what was the end of it.

thanks for advice.

 

boloney

 

I was talking about Central Europe there are Eastern European Countries within the EU not recognised for Tax payment within the EU. Those countries do have a limit imposed for Alcohol/Tobacco and other items, just like the Canary Isles although the Canary Isles are classed as Spain

As in my prior post you have had a decision in your favour, the amount you obtained and where from might be viewed differently in another Courtroom it is still a grey area (as you found out ONCE to your advantage)

 

dk :wave:

 

 

bye for now

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