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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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Amazon.de/Evri - PAPLOC Now Court Claim - Lost returned Faulty AirPods


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I are interested to see that you told Amazon you were going to inform the appropriate consumer protection agencies.

 

Which particular consumer protection agencies did you have in mind?

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  • 2 months later...
On 30/04/2023 at 18:22, BankFodder said:

I are interested to see that you told Amazon you were going to inform the appropriate consumer protection agencies.

 

Which particular consumer protection agencies did you have in mind?

I would be very interested to get an answer to this question which I put to you 2 months ago.

Thank you

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4 hours ago, michealo said:

I was about research some agencies that could potentially help, but gave up fairly quickly. This is already not a nice experience.

To clarify, I have paid for and booked the courier myself. 

So I gather that you made threats to report to some agency although you didn't know which agency and in fact you never carried out your threat.

It's been two months since you last have visited this thread.

If you want to take control then now is the time to do it but no more bluffing.

As my site team colleague above who suggested – it is about time you started a court claim.

 

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  • dx100uk changed the title to Amazon.de/Evri - PAPLOC Now Court Claim - Lost returned Faulty AirPods
  • 10 months later...

This thread has been dawdling along for a year. We ask questions and we don't get any answers. Then the thread goes completely to sleep for about 10 months and we get a request today to reopen it and we are told that there is a court date in June – in just a few weeks.

We would like to see please – the claim form in PDF format.
The defence – in PDF format.
Any documents which you have received and filled out such as directions questionnaires et cetera in PDF format.

We also would like to see a comprehensive bullet pointed list of events – what you sent, when you sent it, the value of it, who do you send it to, was it properly declared, was the value properly declared – and any anything else you can think of.

I think you need to realise that we are all volunteers here and we have our work cut out helping people who feel involved and committed to sorting out their problems.

I'm sorry to say that the impression the moment is that you aren't really very interested.

If you can't give us the information that I have asked above and also answer the other questions that I put to you probably a year ago, then I think that we may as well close the thread.

I'm sorry you think I'm being tough – but this is a serious forum for serious legal advice. The people we advise on parcel delivery issues always get their money back but they have to take it as seriously as we do.

It is not just a piece of social media.

I'm closing the thread for the moment. If you have the information that we require then please use the report button and we will open the thread again so that you can post it up.

Then we will be able to help you

Thank you

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Thank you for these uploads.

I've had a look at the documents – both your claim form and the defence. They are both pretty sparse but from what I see, I'm afraid that I don't rate your chances of success very much.

Why haven't you sued Interparcel or Evri?

I asked you earlier on to post a bullet pointed chronology – and you haven't done that.

I think we need to see the whole story.

You bought an item from Amazon Germany – what date?
The item failed – what date?
You notified Amazon within the warranty period – what date?
They then said you were outside the warranty period – why?
You then sent the items back to Amazon – who made the arrangements for the return?
You chose Interparcel – why?
I don't see where parcel2go comes into it. They aren't a courier company they are simply brokers.
I then gather that it was transported by Evri and it was lost while in their care stop

You really have given very little the story either to us or to the court's or to the defendant. You came here in April for some advice but rather than answer our questions you went off on your own and am sorry to say I think that you might have thrown this case away.

Give us more details and we will see if it can be rescued.

You may find that you are in a position where you have to abandon this case and then go directly after Interparcel or after Evri. This would mean that you have sacrificed the claim fee on this particular case but at least you stand a better chance of getting your money back.

Please answer the questions. It's very tiresome asking you questions and then not getting responses or having to chase you for them.
 

 

Also, have you prepared a witness statement and a court bundle? If so, where are they? If you haven't – then why not

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It occurs to me that now you on the verge of a trial that you must been offered an opportunity to go to mediation. Is that right? Did you go to mediation? If so what happened?

If you didn't go to mediation then why not?

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54 minutes ago, michealo said:

Just realized that the deadline for paying the £59.00 trial fee has passed on the May 17th. But when contacting the helpline this week, I was told the court hearing date is still on?

By now, I have fully realized I have messed up. Should I just drop this case and go after Interparcel?

Yes, if you haven't paid the trial fee then I suggest that you withdraw and start again but this time without help and also stick to it.

If you had paid the trial fee then there would be nothing much to lose and we would suggest that you continue but your chances of success are so slender that I don't think it is worth risking the trial fee along with the claim fee.

Abandon The claim and start a new thread and this time do it properly and stick to it

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You are better off withdrawing from the claim not particularly because you have lost all the documents but because you have sued the wrong person and the claim you have drafted is really completely inadequate and also you haven't prepared a witness statement or a bundle of documents yet.

Withdrawal before you incur any further charges and start again but this time stick with it. Stop stop taking these long absences. Run documents past ass before you start sending them off 

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5 minutes ago, jk2054 said:

However for whatever reason the OP seems really sporadic in his attempts.

If i wasn’t so against P2G I’d probably have given up

it is precisely for these reasons that the OP should withdraw the claim and begin again.

Firstly, the case has been badly handled from the start. The OP hasn't come to us and stuck to it in a regular engaging way.

Secondly, it seems that the OP is now being advised on the basis of it being a matter of principle rather than looking at a sensible and pragmatic outcome.

We have a duty to the people who come to help us to try and get the best solution for them that we can. Secondary is that we want to notch up a further victory against the parcel delivery industry – and frankly it doesn't matter which company it is as long as we get a victory.

If we simply urge someone to continue a case at their own expense in a claim which has a very reduced chance of success, simply because it gives us personal satisfaction, then this is really contrary to what we do and certainly contrary to the interests of the claimant.

I'm now urging the OP (Original Poster) to withdraw and to start again and work with us very closely in order to get a much more certain victory.

By continuing this claim, not only with the OP risk even more money, it will take more time in the sense of failure will be demoralising.

Better to feel that one is in control by exercising one's own choices and taking the long view

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We will wait until the OP confirms that they have withdrawn from the claim and they would like this thread closed.

I think that the OP realises that they have to start a new thread.

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