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    • If you are buying a used car – you need to read this survival guide.
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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.

      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 
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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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Parcel2Go Left parcel by door which has disappeared.


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Hello all and thanks in advance for taking the time to read this.

 

I am a business seller on ebay and instructed UPS (via P2G) to deliver a £240 pair of speakers to one of my customers based in the UK. It was fully insured and tracked but did not require a signature.

 

On the scheduled delivery day I received a message from the buyer saying they had returned from work to find a card through the door which said that the parcel had been left on their doorstep but no parcel was there. The on-line tracking confirmed delivery to their doorstep. I did not specify that their doorstep would be a safe place so i'm rather surprised they just left it here, especially as the area crime rate is 2 the national average for theft! I advised my customer to look all around the house, in bins and to check with neighbours but to no avail, it just wasn't there.

 

I have made a claim with them but it has been rejected, they just say it was delivered to a "safe place" as per their T&C's and are washing their hands of it although they have offered to pay the cost of carriage as a "gesture of goodwill"

 

I am just wondering if there are grounds for me to bring a case in the small claims. I don't see how a doorstep can be described as a safe place especially when I haven't specified a safe place. I have looked on Google maps at the delivery address and it's a small terraced house with a small front yard which fronts onto a busy road...not exactly hidden from view or protected from the elements for that matter.

 

Any help or advise gratefully received

Regards

Chris

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, There is a basis for you bring a small claim. Read up on this site about the steps for starting a small claim in the County Court. It is very easy and for the kind of value you're talking about it is cheap and risk-free. On the basis of what you say your chances of success are better than 90%. The courier company will probably ignore you or disregard what you say until you issue the court papers. Once they issue the court papers then they will bluster and eventually the likelihood is (90%) that they will put their hands up rather than go to court. You will get your money plus your court fees.

 

Begin by sending them a letter before claim giving them 14 days. Set out the basic facts of your complaint in the letter. Make sure that it is clear to them that after 14 days you will issue proceedings and without any further notice. We will help you all the way of course.

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If you send a letter of claim then don't bluff. Only send the letter if you intend to start the claim on the exact moment that your deadline expires. If you bluff then you will lose credibility. Make no mistake, better than 90% you will have to start the claim

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