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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 
      • 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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Hermes again- serious help required


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Welcome to the forum.

I'm afraid the simple answer your question is that – you don't. You don't manage to present a case to the police or anyone else – people have been trying for years.

I'm afraid all you can do is place relentless pressure on Hermes by bringing County Court actions at every possible opportunity. Hermes always put their hands up – but at some point they may decide that it's all too much and then decide to go the distance so that a judgement is obtained in court.

If you can produce definite evidence of criminality then we may be able to get the press involved. In fact it's very likely because we have extremely good contacts. In that case, you should bring the people along to tell the stories and to give us an idea of the kind of evidence they've got. If we could put enough of it together then we could reach the press and if the story went in which was sensational enough, then that might attract trading standards – but it would be a hard slog.

 

If you look through all the various threads here you will see that the stories are all very similar and that we have helped quite a lot of people now to begin County Court claims against Hermes and in every instance – bar one, there was a settlement. Generally speaking the settlements for the full amount but sometimes people lose heart and compromised – which we think is completely unnecessary. The one case which was lost with the case which actually went to court but I'm afraid the person stop taking our advice and went on it by himself and it was poorly argued – plus may be he pulled the short straw when it came to the judge. Who knows.



Can you tell us which groups you are an admin of?

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Incidentally, you say that they "constantly fail to provide the service". I expect that this is probably not correct. They take on a huge amount of work and I expect that the majority of people are satisfied – but they are certainly overtrading because a huge number of people certainly have problems and Hermes doesn't seem to be very good at sorting them out.

In fact what we particularly dislike about Hermes is that when things go wrong, instead of stepping up to the mark and behaving responsibly towards their customers and looking at the failings of their own systems, they deny liability so that their customers are out of pocket and then Hermes simply seems to keep on going gaily along.

Hermes definitely need dealing with. They need a slap. Bring your people along here to tell their stories

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Just use the main link https://www.consumeractiongroup.co.uk/

 

You say that you are preaching to the converted – if you have a look at the Hermes and other courier company stories that we have on this forum, you will find that we have been dealing with them all for years.

 

I hope you won't mind me saying that I don't altogether understand why there are two groups and it would be more powerful if they were amalgamated. Secondly, I believe that your groups are private and I think this is unhelpful because I think it is better if these kind of things are highly visible and certainly if people come to this forum and post the stories then they will find that this is an open forum and we have nothing to hide.

We often have people coming here with all sorts of problems and they think that it's important not to let the other side – the people they are up against – know what's going on. I'm afraid our view is completely different. We don't do secret-squirrel here.
Our position is always that as long as you are honest and straight dealing then you should be completely open about what you are doing because that way you gain the upper hand and also it attracts more people to you which puts more pressure on the business that you are trying to defend yourself against.

It may be that some of the people in your Hermes groups prefer to put their stories up in private – but I think they probably are worried for no reason at all and certainly they are doing themselves a disservice.

Hermes deserve a slap and they deserve it "in your face".

I'm quite sure that Hermes monitors this forum – so what?

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Also, I hope you won't mind me saying that the Facebook group that I'm aware of – and there is even one which has more than 12,000 members, have by and large turned into talking shops. I'm afraid that Facebook doesn't lend itself to posting their own personal story about their problems and then receiving advice in one place which follows through without distraction from other people.

The forum format is a much better format for giving advice. If people come here then they should realise that this website is not piece of social media. We are in the business of asserting rights and we are not here simply to rant about Hermes or any other organisation.
Generally speaking our approach is short, sharp – assertive and aggressive. With Hermes we were generally speaking expect people to issue a County Court claim within six weeks.

We help people all the way and we even help them draft their letters and claims forms if necessary.

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Well I think they do their best – but of course they aren't aware of forums such as the CAG which can give them real help to get their money back.

I don't think we can criticise them – but maybe help to steer them in the right direction if they are prepared to come to us.

 

It's good that they can get all these people together – but after that they don't really seem to be able to provide the help that they need. I think these Facebook groups would be more useful if they were used as a portal to drive people to this forum for some serious legal help.

Of course Hermes wouldn't like that very much 😈

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Send them along. Tell them to read our Hermes threads. They will soon get a hang of the correct approach. Tell them to post their stories here and we will be only too pleased to help.

Reassure them that it's all completely free of charge.

We can help them get their money back – definitely

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Follow the link – class actiongroup action <<<

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