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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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Selling an Apple device on eBay and looking at courier options? Here are some tips based on my own horrific experience last year.


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Sending an Apple device via a courier company carries inherent risks. The parcel could get damaged or stolen in transit – or the recipient could pretend they didn’t receive it despite the courier company indicating it has been delivered. Online marketplaces such as eBay place the bulk of the responsibility for the sale and delivery onto the seller, meaning that – like me – you could be hundreds of pounds out of pocket through no fault of your own. Despite this, there are a couple of things you can do to reduce the risk and take back some control, even after the device has left your possession. 

 

Choose your courier carefully – they aren’t all as bad as each other
We all know that the courier industry has an odd business model, asking customers to insure their parcels against loss or damage while in the care of the chosen supplier. It is certainly the view of many on this forum, me included, that such insurances shouldn’t be necessary and that companies refusing compensation for those not purchasing it are being unfair. Despite this, not all courier companies discharge their services in the same way and who you choose to use to deliver your parcel has a significant bearing on the likelihood of a positive outcome. 

 

While there is no industry standard measurement for damage or loss, a number of studies have shown that some parcel companies are simply better at delivering parcels than others. A MoneySavingExpert (MSE) poll published in January 2022 ranked couriers based on feedback from 9,000 respondents which revealed a significant gap in satisfaction from the best (Amazon) to the worst (CitySprint). In addition, some parcel brokers such as ParcelHero actively refuse to provide any type of compensation for EVRI services but do offer it for others… a clear sign that they know which courier companies are more or less likely to properly carry out their service. My advice – pick a courier with a better rating, don’t choose the cheapest and hope for the best… that’s what I did and it caused a year of stress as a result. 

 

Leave your device activation lock switched on
Almost all Apple devices including phones, watches, iPads and Laptops, once setup out of the box, are locked to the AppleID that has been used to sign in during the setup process. Common sense would tell you that, once you have sold an item on eBay, the activation lock (or ‘Find My Device’ service) should be disabled before your ship the device to the buyer so that they can use it when it arrives. In fact, even Apple themselves would advise you to disable this protection ‘before you give away your device or send it in for a service’. What many people may not realise is that Apple devices can have this activation lock disabled remotely which will allow people selling devices to maintain control of the devices while in transit and even see their location when the recipient (or bad actor within the courier company) joins the device to a wireless network which is required to setup the device after reset. Effectively, you can leave the device locked to your account, even after completing a full reset and removing all of your user data – a very powerful failsafe indeed.

 

The activation lock is a powerful feature, rendering Apple devices almost useless to potential thieves by preventing normal use of the device until it is removed by the owner, typically done on the device itself by signing out of your Apple account through settings. Once you are satisfied the new owner of your device has indeed received it (including recycling companies etc), you can disable the activation lock via a web browser from any devices using icloud.com, Apple’s online portal to monitor your Apple account and devices. I include below a link with detailed instruction of how to do this. 

 

In summary, sending expensive Apple devices via a courier company is a risky business. Couriers can easily identify expensive items simply by the density and size of the packaging and buyers can try to cheat you. Choosing a more reputable courier company and with some help from Apple’s built-in security features can help things go more smoothly. 

 

Links: 
MSE Poll - https://www.moneysavingexpert.com/news/2022/01/amazon-logistics-tops-mse-s-parcel-delivery-poll-for-first-time-/
Apple Activation Lock - https://support.apple.com/en-gb/HT201365
Turning off Activation Lock remotely - https://www.imobie.com/icloud-unlock/turn-off-find-my-iphone-remotely.htm
 

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