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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
      • 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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Parcel2go/InPost/Hermes - Parcel Damaged Beyond Repair


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Please can you post up in PDF format the message which you have received from P2G in which they tell you that the parcel has been damaged and will be returned to you.

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So far as I can tell, this is not a transcript which shows P2G telling you that the parcel is damaged. It seems to me that you are telling them that you have been told by Hermes that it is damaged.

What I'm looking for is first hand evidence telling you that the parcel is damaged

 

In fact this conversation seems to be that you have told P2G that you have been told by your customer that Hermes tell them that the parcel is damaged.

Then P2G have told you that if this is the case, that the parcel will be returned to you because you are the sender.

This is rather different from the way you expressed it in your opening post

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Note, this most recent PDF is fine.

I hope that you understand that when one is considering litigation then one has to be very careful to be precise about who said what and not simply make interpretations of documents or conversations which turned out to be incorrect.

On the basis of what you have got here, it seems to me that you may as well go ahead and send a letter of claim to P2G and tell them you have been told that Hermes of damage the parcel and that they, P2G, have informed you that the parcel will be sent back to you.

Tell them that so far it has not been returned but you require its return in order to ascertain the damage and the eventual claim that you will be making.

Tell them that if they do not return the package to you within 14 days that you will claim in the County Court against them for the entire value of the loss and also you may hold them liable in conversion for failing to return the parcel.

If you are happy with this approach then post a draft letter of claim here so that we can check.

Make sure that you have read thoroughly a fair number of the cases that we have here – mainly against Hermes – but they will probably follow the same pattern. Also make sure that you understand the steps involved in bringing a claim in the County Court. We have lots of information on bringing a small claim here.

If you are not sure that you are prepared to go ahead with this then don't send the letter of claim. Don't bluff

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I will ask my colleague @Andyorch to chip in on the procedure to be used.

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But your contract was with P2G.  You can take  your choice but P2G might be the more natural choice

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