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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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Self employed delivery driver being accused of theft of company property - ** RESOLVED **


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Hi,

 

for an item that expensive there would usually be a signing in and out procedure - was there? 

What does your contract say about company property?

 

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So, there is a record of you signing it back in? Who is responsible for it, once it has left your hands/ is back in? I suspect that process or person is at fault.

 

Ask for a copy of the procedures for handling the equipment.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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So, you need the procedure, to see if the responsibility shifts at the point of scanning, or some other point. So ask for the sign in and out procedure, and also, a copy of the record of them sharing that with you in earlier times.

Edited by Emmzzi
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Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Unless its a tiny courier, I think they will have something, Whether they shared it with you is another matter.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Ok. So next steps depends what happens next.

 

So, if they say you stole something, and it is of high worth, I would think the police should be involved. I would suggest you are happy for an investigation to clear your name, as you did not take it.

 

However if it all goes quiet and they don't try and bill you. let sleeping dogs lie; may be a fuss over nothing. If they are still using you - that probably says a lot. Why would they keep using a thief?

 

Be prepared for no more work from them, and to go to small claims to recover what is due if they deduct it from invoices.

 

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Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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  • honeybee13 changed the title to Self employed delivery driver being accused of theft of company property - ** RESOLVED **
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