Jump to content

  • Tweets

  • Posts

  • Our picks

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

UPS / Packlink / eBay damage claim denied

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1152 days.

If you need to add something to this thread then


Please click the "Report " link


at the bottom of one of the posts.


If you want to post a new story then


Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 



Recommended Posts

I'll try to keep this short and lay out the facts in bullet points:


Dec '20

- shipped an item that was sold on eBay (non-trade sale) with UPS that was transacted via Packlink.

- Extra compensation was purchased.

- Item weighed approx 20kg and was clearly marked to this effect on the outside

- UPS damaged the item in transit. Buyer had to be refunded full purchase price.

- Contact was made with UPS via email and after protracted back and forth they denied any responsibility saying eBay was liable.

- Filed a claim with Packlink which was obviously dismissed with any explanation given.

- Proceeded to make a County Court claim against UPS (claim amount £210) on the basis that I am entitled to damages under Contracts (Rights of Third Parties) Act (claim form attached)

- UPS respond and deny the claim in its entirety (defense attached together with UPS T&C's)

- County Court send a Notice of Proposed Allocation to the Small Claims Track with a mediation form


Aside for the issue of the claim being made to the incorrect company name, does UPS' defence hold any water and can my original claim still be upheld based on the Contracts (Rights of Third Parties) Act? 


Claim text.pdf UPS Defence.pdf UPS T&Cs.pdf

Link to post
Share on other sites

@BankFodder I appreciate what you're saying, I was following a different thread with a very similar set of circumstances and was trying to use the same process.


The item shipped was a small home safe. Small but heavy. 


The T&C's I posted were sent to me by UPS as part of their defence so I posted them as they were referenced by the defendant. Probably none of it is relevant.


Is there a point in going for mediation here? Or follow through with Contracts (Rights of Third Parties) Act?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?

  • Create New...