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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.

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      Many thanks 
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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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Samsung Order Cancelled due to pricing error - Breach of contract?


mrdonj
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Yeah that's the one. Not sure if you saw the tiny edit I made to your suggested one (basically the same but just filled in date etc)

 

Quote

Dear Sir/Madam


Reference number XXX

Enquiry number XXX


On 31st October 2021,  I used your website to purchase a S21 Ultra,  Phantom Black 256gb model which was advertised by you at the price of £744.03

You accepted payment from me and even dispatched the mobile phone to my address.

You then contacted DPD to recall even though by this time it was my property.
When I queried this, you informed me that you had made a mistake as to the price and that you were cancelling the contract.

I'm writing to let you know that you are not entitled to do this and I do not accept your position.

I want the mobile phone for which I am contracted at the price at which you agreed to sell it to me.

If you will not comply with this request within 14 days then I shall sue you in the County Court and without any further notice.

Yours faithfully

 

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They have an official delivery address which I used, sent to their executive office

 

Their support team (who are clueless) have responded to my prior message to them on Friday, asking about my complaint. Do I risk my position by giving them more details to see what they say, should I just go silent or respond

 

I've already sent my letter of claim to them.

Edited by mrdonj
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Question about which address to use for the claimform

 

Quote

We are Samsung Electronics (UK) Limited, a company registered in England and Wales under company number 03086621 and with our registered office at Samsung House, 2000 Hillswood Drive, Chertsey, Surrey KT16 0RS, United Kingdom. Our main trading address is Samsung House, 2000 Hillswood Drive, Chertsey, Surrey KT16 0RS, United Kingdom. Our VAT number is GB689376366.

Quote

All formal notices given by you to us must be given in writing to Samsung Electronics (UK) Limited at Samsung Electronics (UK) Limited, Samsung House, 1000 Hillswood Drive, Chertsey, Surrey KT16 0PS (FAO: Executive Office)

 

The address they trade under is 2000 Hillswood Drive

 

The address to send them notice is 1000 Hillswood Drive which I've done.

 

Does it matter which address I use on the claimform?

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I received the phone earlier today. Seems they've started to send phones out that were dispatched and refunded those where the dispatch notice was not sent out

 

I got an email from an executive officer last night who did indeed reference my letter of claim even before receiving it. I spoke to them on the phone in the morning not long before the phone arrived.

 

I was given £75 compensation for the ordeal in the form of a partial refund to my order. They originally offered £50 but I asked for more due to time wasted and the headache of sending accessories I bought back

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That is indeed correct. A very good outcome indeed.

 

As you say, it was clear that they couldn't go with that defence

 

Looking online at their forums and other places, multiple people sent letters to them officially.

 

Not the first time they've cancelled orders on people but I believe this is the most they've ever done, so the backlash was bigger.

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