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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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    • 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 trying to claim item was over weight and want to charge fees.


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I have an online shop and have been sending small items via them for years.

 

Last week I have an email saying one item was over weight and there is a fee plus admin fee to pay,

 

never had this before and asked for evidence etc but they won't supply and want me to send proof it wasn't or they will reserve the right to send debt collectors after this amount (under £5) !!! which is laughable.

 

Just sent this reply to them and will update what response I get:

 

Thank you for the email, it contents have been noted.

 

As I have stated all along I require evidence that the parcel I sent was over weight, this would be a photograph of the parcel showing the weight on the scales it was weighed on with the name and address showing dated the day it was flagged up by your system.

 

If you cannot produce this within 14 days I will consider this matter closed,

if you can supply this I will process the payment within 28 working days.

 

When I have had to claim off you for damaging or losing parcels I have sent through your company, I have to prove what has happened by photograph and signed forms from my customers before you will even consider paying out.

 

I have sent hundred of parcels through your company in the past and have never had this problem before and this is why I am asking for proof, and to state you will reserve the right to send debt collectors after me for under £5 is frankly laughable.

 

I await your response."

 

At the moment I have a damage claim going through for a little over the amount they want I wonder if they will try and not pay that one out?

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Send debt collectors I doubt it 

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The customer does have the package, Evri do send parcels on then claim later.

 

All I am asking is for proof as I have never had this before, if you have to claim through them they need proof and wont pay without it so it should be the same both ways.

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Well there is no legal remit to pay any additional admit be, they are an unlawful penalty.

 

Dx

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Why would it be unlawful to charge an admin fee to collect an underpayment, (providing the T’s & C’s state so!).

 

Yes to them having to prove there was an underpayment, but if there was:

surely they are entitled to recover both the underpayment and REASONABLE admin costs?

 

(If this was your business : wouldn’t you want to recover underpayments and associated costs?)

Edited by BazzaS
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My argument is that without proof they will not pay out on a claim,  so they should send proof of my error with the weight. 

As I put in the original post I have sent 100s of parcels with them and weigh them myself,  if they are over 1kg it works out cheaper for me to send via royal mail so I wouldn't have sent via them. 

 

 

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I’m not disagreeing with you: they should be able to show you have underpaid.

 

I’m disagreeing with the position that even if you’ve underpaid there is “no legal remit” for an admin charge (provided it is in the T’s and C’s, is a genuine pre-estimate of loss and not a penalty, and so on)

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  • 1 month later...

I am having the same issue, I weighed my item before sending it twice, it was 0.67kg, they claim it was over 1kg and want the difference plus admin fee. They provide no evidence of their claim so I am so asking them for evidence. Doubt they will produce it. Did you get this resolved?

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When you make a claim with them, you have to prove damage etc and they give you time limits otherwise they will not pay out. 

 

I just put that I wanted a photo of the item on the scales time dated with the date it was scanned with the customer name and address showing within 14 working days otherwise I would dismiss their claim. 

 

I put if they can provide me with the evidence I would pay it within 28 working days. 

 

They will give you the standard email saying our machine is independently checked and is top of the range, and you must prove it was correctly weighed, which is rubbish it's up to them to prove it not you. 

 

It's been quite a while since sent the last email and had nothing back so I won't be paying them or using them again. 

 

Good luck with your problem and hope you get it sorted. 

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23 hours ago, jc2022 said:

I am having the same issue, I weighed my item before sending it twice, it was 0.67kg, they claim it was over 1kg and want the difference plus admin fee. They provide no evidence of their claim so I am so asking them for evidence. Doubt they will produce it. Did you get this resolved?

 

please create your own topic by hitting create or + in the top red banner

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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this is not facebook..... it is a forum.

one topic one person.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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jc, it's in the rules you signed up to when you joined CAG, I'm afraid. Experience has taught us that it's the best way to run the forum.

 

1.9 Hijacking: Please don't hijack someone else's thread, no matter how closely their story resembles yours. Start a thread specific to your case - that way it is easier for people to keep track of, and thus offer you better help.

 

HB

Illegitimi non carborundum

 

 

 

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