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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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    • 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.
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      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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NDR and Very Shop Direct Debt Recovery for item not received


kodiplod
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Really appreciate anyones help here!!

 

I ordered an iPad quite a while back now back in 2013 from Very.

 

 

It never arrived and I only got an empty box.

 

 

I complained to very.co.uk and they would not refund me.

 

 

I contacted my bank and they suggested I raised a chargeback and I got my money back.

 

 

I kept getting letters from Very stating I owe them the amount and if I do not pay I will be contacted by a debt company.

 

I contacted my bank and was told not to pay the debt as I had not received the device.

 

I now have a letter stating I have a default notice because of this amount from Very and NDR debt company.

I contacted very again and the debt company, no one is helping me and my credit is still being affected by this.

Whoever I speak to I keep getting turned away.

 

 

I then contacted the head office of Very (Shop Direct) and explained the situation.

They replied saying I didn't reply to letters or emails (I did) and that because of the length of time they will not re investigate

and I still need to pay the debt and that it may effect my credit score.

 

I emailed and called and tweeted them.

They stated that the item was sent out.

I then contacted the head office and they investigated and concluded that nothing could be done.

 

 

I reported it to the FOS 2 weeks ago when i received a default notice letter.

I did not do anything before that as i was advised by my bank to ignore letters and to not pay anything.

 

What do i do?!

 

 

I never got the item so why should I pay the debt?!

 

 

My bank even says do not pay it.

 

Any info would be great!

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Do you have the original letter from the bank confirming chargeback?

Ignore NDR... They wont own it so nothing will happen.

 

Now.... You said head office.... Did you complain to the CEO?

[email protected]

 

Let it flow to the exec team,. they have a lot more oomph... If they dont budge, you have evidence to the contrary and the FOS will hopefully rule in your favour :)

If they have incorrectly placed the default then you can sue them for placing incorrect information on your CP.

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I think that at the end you will have to bring a breach of contract action against them in the Small Claims court.

 

It is very straightforward and would settle the matter once and for all.

 

 

I would also add a claim for the damage to your credit reputation.

If you can explain how this has affected you we can advise you as to a reasonable figure to sue for/

 

This may all sound dramatic but it is probably the only way you are going to put an end to bullying form them.

 

Very's clear course of action here,

if they want to say that the box is not empty is to inform the police that you are defrauding them and to get a crime number.

They have not done this in 2 years.

 

Start off by sending them an SAR.

 

 

Get all relevant info from your bank as well - send them an SAR as well if necessary.

 

Tell us nore about the credit damage and when you have all the info we will help you proceed

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Thank you for your reply!

 

I don't but I can contact the bank and they said they are happy to send out any letters confirming etc.

 

 

I emailed a complaint to the ceo email alex baldock and got a reply from the exec team

and stated that because i never replied to an email and the amount of time that has passed they would not re open the case.

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Oh dear... Seems like very are dragging this.

Good info from BF Above

 

Start off by sending them an SAR. Get all relevant info from your bank as well

- send them an SAR as well if necessary.

Tell us more about the credit damage and when you have all the info we will help you proceed

 

 

Dont SAR the bank..

. They can just send the letter to you.

 

 

Also you can speak to the complaints team @ your bank who can draft one for you.

 

Just keep everything safe, could be interesting how this all pans out.

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I think that at the end you will have to bring a breach of contract action against them in the Small Claims court.

It is very straightforward and would settle the matter once and for all. I would also add a claim for the damage to your credit reputation. If you can explain how this has affected you we can advise you as to a reasonable figure to sue for/

This may all sound dramatic but it is probably the only way you are going to put an end to bullying form them.

Very's clear course of action here, if they want to say that the box is not empty is to inform the police that you are defrauding them and to get a crime number. They have not done this in 2 years.

 

Start off by sending them an SAR. Get all relevant info from your bank as well - send them an SAR as well if necessary.

Tell us nore about the credit damage and when you have all the info we will help you proceed

 

Fantastic. Thank you. What is a SAR? Is there a template anywhere i can use to send to NDR or Very?

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Send them an LBA and then the Good News and they'll soon re-open the case.

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Write to NDR and tell them that the alleged debt is in dispute and may shortly be the subject of legal action against their client.

 

Tell them that you don't want to hear anything more from them and that if you do then they will be in breach of FCA CONC rules

and that you will name them as a co-defendant in the forthcoming action.

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Fantastic. Thank you. What is a SAR? Is there a template anywhere i can use to send to NDR or Very?

 

Data Subject Access Request. Yes in the template section of the forum... HERE

 

Send them an LBA and then the Good News and they'll soon re-open the case.

 

Yes... Unless Very want to risk being obstructive... The key here is if they continue to be obstructive, then I would imagine that if it did go to court it would work in your favour

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Fantastic. Thank you. What is a SAR? Is there a template anywhere i can use to send to NDR or Very?

 

Sorry to say but you have been here since 2011.

 

 

These things are plastered all over the forum.

 

 

Start doing a bit of reading round so that you know what you are doing.

 

 

It isn't difficult - just takes a little time

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It's been pointed out to me that my comment above is probably a little harsh.

 

I apologise for that.

 

I do need to emphasise though, to anybody who is reading this thread or elsewhere that this is a self-help forum and this means that people have to come on and read around and arm themselves with the information that we provide and in this way they will be much better placed to stand up for themselves instead of being pushed around by companies who simply want to get money regardless of the circumstances.

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It's been pointed out to me that my comment above is probably a little harsh.

 

I apologise for that.

 

I do need to emphasise though, to anybody who is reading this thread or elsewhere that this is a self-help forum and this means that people have to come on and read around and arm themselves with the information that we provide and in this way they will be much better placed to stand up for themselves instead of being pushed around by companies who simply want to get money regardless of the circumstances.

 

Amen to that :)

 

I certainly agree :) - Kodiplod... get that SAR off to Very... lets see what comes back...

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