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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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EVRi delivered eBay item damaged - buyer refunded, but EVRi won't refund me though I paid insurance


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Please keep us updated. Post-draft of any messages you want to send here before you send them off.

Let us see your letter of claim and also your particulars of claim before you click them off.

In terms of "hopefully at some point enough people…", It will never happen.

This company claims to deliver 2 million parcels a day so you are expecting a lot of people to suddenly mobilise themselves and to abandon Hermes.

Also, don't forget that the vast majority of the parcels are delivered successfully – but clearly when things go wrong then they are not prepared to step up to the mark and frankly it's quite amazing that they are prepared to accept all of the bad press and reputational damage simply to try and deprive a few people of the reimbursement for the items which they, Hermes, have lost.

Don't imagine for one moment that other people who use Hermes or the suppliers who use Hermes or trading standards or anybody else has got your back. They haven't.
You are completely on your own and in fact the only people who do have your back are – Us.

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  • 3 weeks later...

It's rather wordy – there really is no need to tell them your life story – but it will do.

Send the letter and then register with the County Court money claim system and start preparing your claim. Post a draft here so we can have a look.

I suggest that you try to keep it scant

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  • dx100uk changed the title to EVRi delivered eBay item damaged - buyer refunded, but EVRi won't refund me though I paid insurance
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