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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.
      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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What to do if a store breaks your mobile

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Good afternoon everyone.


I have a particular story to tell:


In May I have had a problem with a Lg g2 and contacted the seller, which is a shop on Amazon. I was suggested by the seller to contact a local store for having the mobile repaired.

The mobile had a small problem to the headphone jack, the icon of the headphone was constantly on and I could not use the speaker.

I went to a local shop and they have kept the mobile for one day and repaired it. The day after I have taken the mobile and used for one day before going back to the store because one of the volume buttons was not working.

They have taken the mobile and after one week they have told me that the engineers could not turn the mobile on anymore.

After that moment I went to the store at least 10 15 times and after 120 days they keep asking me to go back and waiting. Today, 10/10 I advised them I was going to report them.

The mobile costed me one year earlier £310


The police told me that they do not deal with these issues and that I have to talk with a lawyer.


Should a citizen pay for having their win against these sellers?

This seller is the actual Shopping Palace in North End Road.


I will never go back anymore there. But what to do now?




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Fenixo - This is a simple one. If they have broken your device, your next option is either to seek advice with Citizens Advice or take them to court.

Where are you at right now with them?


You could send them a letter before action giving them 7 days to repair before you take legal action :)


However, you need to have proof ideally that they broke your device. Do you have the emails from the Amazon seller?

Also, why didnt you contact LG direct for the Warranty?

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thanks for your reply.


Basically the issue to the jack was given because of water damaged (so the repaired said).


When I gave the mobile to the local store, they have checked it and changed the part. After that the mobile was working. Once they have reopened it for fixing the volume button which was not working, I am sure they have done something wrong and are not able anymore to turn it on. yesterday they shown me the mobile opened in 2 parts and said that for water damaged telephones there is no warranty.


But the fact is that I given them a working phone and they have given me back a brick. Also, if you see a water damaged telephone you have to advise the customer if you, repairer, do not want to take any responsibilities.


By the way I have a record where one of the guys in the store says that they would have given me a new mobile in case they were not able to fix mine.


Is this not an evidence?

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