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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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Parcelhero + Hermes = Lost guitar


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New to the forum, joined to ask about this situation I find myself in.

 

Had a custom acoustic guitar built early this year from a Finnish guitar maker. I then spent the rest of the year paying it off. (3400 eur) It arrived a couple weeks ago, but had the wrong string spacing, so the builder agreed to a return and to build a new guitar with the right spacing.

 

Arranged a courier with Parcelhero + Hermes. 10 day economy to Finland at a cost of £168 (no rush as the new guitar isn't ready till Nov)

 

Picked up on the correct day, next 2 days tracking updated, then nothing for about 8 days. I then started to try and contact either company, and quickly found out how difficult that is...

 

It's now 3 days after the delivery date, and about 5 days since I contacted them to find out why it's stopped moving, I've not really had much from Parcelhero other than "we've spoken to Hermes, we'll get back to you"

 

On the Parcelhero site, there is absolutely no mention of musical instruments being on their excluded items list, and I took out £3000 worth of cover. My contract should lie with them, correct? I know Hermes don't cover guitars.

 

Should I also be claiming for the cost of the post itself?

 

I just wanted to ask how solid of a claim I've got when/if this needs to go to small claims court, as the horror stories I've read over the last few days suggest the claims process is never straightforward etc..

 

Felt physically sick for the last week too, lol.

 

Thanks for everyone's time!

 

 

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Hi BankFodder!

 

Thanks for getting back to me so quickly and with so much information.

 

Yeah, massive fail. Never had to use a courier for anything, and Hermes seem to deliver things around here without any trouble, as I said friendly with my driver... but lesson learned for sure.

 

Yes the insurance, or whatever they call it "cover" is with Parcelhero, I noted that Hermes didn't cover guitars and only had £300 worth of cover available so that was a no go.

 

Never been to court etc.

 

I will keep you updated on how the complaints procedure is progressing, and honestly having the support for the further eventualities has really helped me not feel quite so alone and frustrated, so thank you for that.

 

If my contract is with Parcelhero then it shouldn't really matter what Hermes terms are, as Parcelhero would be liable?

 

Nothing will happen over the weekend I'm sure, but fingers crossed for some response come Monday.

 

Thanks again BankFodder.

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Thanks again for outlining the process, my mind has been racing back and forth between all the possibilities and to see it all written down in plain detail is rather helpful.

 

I will definitely be forthright and won't be pushed around, and have the funds to go the whole way, have checked my local court for the costs and they are well within reason + I do expect to win.

 

Time frame seems about what I was considering as the likely length it'd take, so thanks for that.

 

Because we'll be outside the trading EU trading bloc, my guitar might become quite a bit more expensive after Jan 1st, so will have to take that into consideration.

 

As you've said, will wait for their response and act accordingly, hey it may even show up... right? :-D

 

 

 

 

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Yes, it's a new guitar, the one I was sending back was to be sold to someone else.

 

Will take a peek at that tomorrow, have to prepare food now.

 

Thanks again for your time BF, you've honestly been a greater help than you could imagine.

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Hi BankFodder,

 

Just a quick update:

 

Parcelhero have been in contact with me each day, they've been trying unsuccessfully to get hold of Hermes, so after a week we've moved to the claims process. The chap who's helped me through it has been good, so I've not had to ask any questions here etc.

 

I've submitted my claim, and I'll let you know what happens as a result of that.

 

Wanted to extend a thanks your way once again, the conversation put me at considerable ease.

 

 

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Well....

 

It arrived today!

 

Got to say Parcelhero were really helpful, and even Hermes got their act together a bit towards the end in an attempt to locate the parcel, so I'll have to say that I'm pleasantly surprised with both of these companies. Needless to say I'd use another courier in the future, but would have no issues booking it through parcelhero again.

 

Absolute relief today.

 

Thanks for your support BankFodder, was a real help.

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