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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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Which amount are Evri liable to pay back for lost parcel


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Just a quick one,

 

I'm about to submit a claim for the full amount of my items value.

 

My dilemma is that for some reason(probably fat finger syndrome) I only stated the item was worth £100 when in fact it was worth £180. It was sold on ebay so I have proof of the items real value.

 

my question is

do I have grounds to pursue the real value or have to settle with the incorrect value I stated when filling out the postage details?

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  • Ethel Street changed the title to Which amount are Evri liable to pay back for lost parcel

Thank for you quick responses.

These are the version of events and where I'm at now

 

20th November, sold ps4 and games on ebay for £180

 

21st November, took said item to my parcel shop. Paid for next day delivery and as already stated mistakenly valued the item at £100.

 

22nd November, went back to the parcel shop because the item was not showing the parcel had been collected from said parcel shop. Manager assured me that everything had been collected and had left the shop. Even advised me to get the police involved to come and look at their CCTV.

 

Since then there has been no updates on the tracking. Tracking still showing to this day that the parcel is still at the shop waiting to be collected. This is why I suspect the parcel has been stolen as there is no evidence that the parcel reached the depot.

 

In the mean time I was able to send a message via their Web chat explaining the situation. I received a reply from them stating that they had done an extensive search but could track down the item so classed it as lost and sent me a claim form.

 

This is where I'm at now.

 

I haven't filled in the claim for yet because I'm unsure of the value to claim for. Is it the value I put in when completing the postage details or do I pursue that actual value I received through the sale on ebay. 

 

Unfortunately I only paid the basic insurance for value up to £20 but i know from reading up on posts on this website that it means nothing and they are legally obliged to pay full refunds in cases like mine.

 

I am sorry to have used the word stolen but as the package has not scanned in anywhere then that would lead me to suggest that that is sufficient enough evidence to claim that it has been stolen, and hope that the fact that there is no evidence of the parcel reaching the depot will provide a swift conclusion to the matter and a full refund will be issued without taking the matter any further.

 

I apologise for my grammar and lack of punctuation but I'd be the first to admit I'm not the sharpest tool in the box.

 

So in conclusion,

all I really need to ask is what amount I should pursue.

 

I have spent many hours reading similar situations on this site so I should be OK if further action needs to be taken. I plan on using other members L.o.c's etc as templates and just changing the parts I need to.

 

I hope this has made some kind of sense and look forward to your advice.

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Thanks for your reply Bankfodder.I have indeed read the posts where you have addressed the subject of which value to pursue but none have the same circumstances as my case.All the posts I've read the members items have been lost in the 'network'.Theirs had actually been scanned at some point so Evri had proof that their parcel was indeed lost through the process of delivery.I see mine as a completely different situation.Due to there being absolutely no evidence that my item ever reached the depot would heavily support that the item was stolen.Most likely by the collections person who collected it from the parcel shop.Because of these facts it got me thinking I might have a case to pursue the correct value of the item.That said,I thank you for your advice and will follow it.

 

Thanks for your reply Bankfodder.

 

I have indeed read the posts where you have addressed the subject of which value to pursue but none have the same circumstances as my case

All the posts I've read the members items have been lost in the 'network'.

 

Theirs had actually been scanned at some point so Evri had proof that their parcel was indeed lost through the process of delivery.

 

I see mine as a completely different situation.

 

Due to there being absolutely no evidence that my item ever reached the depot would heavily support that the item was stolen.

 

Most likely by the collections person who collected it from the parcel shop.

 

Because of these facts it got me thinking I might have a case to pursue the correct value of the item.

 

That said,I thank you for your advice and will follow it.

Edited by BankFodder
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No,I didn't realise my comments had been edited to make them more readable.

I did comment that I apologise for my lack of grammar and punctuation.My gratitude goes to whoever took the time to correct it.

I will keep you posted on how things progress.

 

Once again,many thanks for your advice.

Edited by BankFodder
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Hi all,was going to start the claim with Evri but they told me to send all the details to them and they will fill it in on my behalf..Is this a wise thing to do being as a plan to take them to court if the don't cough up full amount?

Here is the part of the email telling me they will fill it in.

 

If you could please provide us with the following details, we’ll fill in the form on your behalf:

 

Parcel contents

Packaging details

Delivery address

Delivery postcode

Selling price/value

Postage cost

eBay item number (if applicable)

So that we can assess your claim, please attach a proof of value for the contents of your parcel, such as a PayPal invoice, scanned receipts, screenshot or a document that shows the payment transaction details.

 

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Many thanks for that Bankfodder 

they have given me 14 days to make a claim of which 11 remain as I received the email a few days ago.

 

I'm concerned those 14 days will have elapsed by the time they receive and read the letter and result in me not being able to pursue the full refund.

 

Any thoughts on this please?

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Haha,

I take it their timescales mean nothing then.

Thanks for that,

 

I suppose it wouldn't hurt to provide them with the information they have asked for and also send them the formal complaint.

 

Will keep you posted.

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