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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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Packlink have Denied my Claim for Lack of evidence. All pictures i had were sent.


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What do the parcel contained? Were these items correctly declared when you arranged the delivery? Was the value correctly declared?

Did you buy the so-called insurance?

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You are talking about two parcels but now you are referring to a single dinnerplate.

He also said that you are out of pocket by £43 but you are now saying that the standard insurance of £25 was adequate.

This is all a bit confusing

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1 hour ago, Woodside2 said:

The Parcel contained a single dinner Plate w

so what you mean is that "each" parcel contained a single dinner plate.

Thank you that clarifies things.

As you been advised by my site team colleague, please make sure that you read around a substantial number of the Hermes stories on the sub- forum. You will get to understand the principles and also the similarities and approach from Hermes.

Of course Hermes is being abusive of the system because they exploit a taxpayer funded under resourced justice system simply to put their customers into a kind of triage where only the most persistent finally get through to the end which is almost always – mediation – and then will manage to get their money or most of their money.

Hermes are abusive of this system and of course they are actually going to spend more money than the value of your damaged items trying to smash you down. Because their attempts to crush you are effectively subsidised by the taxpayer, they don't really care.

Make sure you understand what they will say about the prohibited items list because your plates are made of china or porcelain and will be prohibited items, according to Hermes. On the other hand, they were correctly declared and they were accepted for delivery.
The values were correctly declared – and once again after you have completed your reading, you will understand the significance of this.

Hermes will also try to say that you didn't have a contract with them and you should sue packlink – who conveniently – are based in Spain outside the jurisdiction. They were say that you are attacking the wrong people.

Once again, when you have completed your reading you will understand the standard reply to this. Once again you will discover that this is Hermes being abusive of the system and misleading their customers as to what their rights are.

Make a formal complaint to Hermes. Tell them that they are responsible. Don't give them a deadline, but wait a reasonable time – 10 to 14 days – after which you will send them a letter of claim if they haven't put their hands up by then or if you have had no response. By that time, you will have done enough reading to understand the way it goes but we will advise you and support you all the way.

 

Come back here when you have been knocked back by Hermes and we will take you through the next step

 

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I suggest that you prepare a letter of claim to send to Hermes. Reply to pack link that to expect you to provide pictures of packaging before it was sent is absurd. Furthermore, they are quite wrong that the parcel was overweight. It was not – you are very careful about this.

You don't understand why they are sidestepping the main issue which is the contents of the parcel were broken and you have now lost patience and you have sent a letter of claim to Hermes and you are copying them (packlink) into the letter of claim.

Send them a copy of the letter of claim.

Post up a proposed letter of claim here so we can have a look.

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I've made an edit to the letter above – please check it. However what you have proposed is not a letter of claim because it doesn't threaten legal proceedings within 14 days against Hermes if they failed to reimburse you.

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Don't forget that your letter of claim is addressed to Hermes because it is they who you are proposing to sue. You are simply copying packlink in

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Well really as its address to Hermes, you should be saying I will commence legal proceedings against you within 14 days…. You are copying this to packlink. It's not addressed to them

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You are confusing me now.

Who are you intending to sue – Hermes, of course. That means that you have to warn them that you are going to sue them. You don't write a letter to a different company and say by the way I'm going to sue Hermes.
But as you are dealing with packaging, write your letter of claim to Hermes and send a copy to packing. Let packing know that you are about to sue Hermes

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