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    • Calm Down please.... there is only one way to deal with this and that is - PROPERLY. Being surrounded by 'lawyers' who deal with 'disputes', just like going to the likes of CAB, in this instance has, most probably, to date,  sadly not helping you here. Such people always project an Aura of confidence, when the truth is they don't actually have the vast successful experience of the members here in dealing with the likes BMW. there are over 350 threads here . as far i gather this is the situation, In April, a car was purchased by your son from BMW. Finance taken out to purchase it has since been paid in full, as well as full payment for an annual Insurance policy. within 6 weeks, it was discovered and confirmed in writing, via a report from a local garage, that the car indeed had numerous performance modifications undertaken. Namely being remapped and with modifications to the exhaust system. having contacted his ins co, they require a further £5k to uprate his policy, without it renders the existing insurance policy invalid, thus the car is not being driven.  again within this 6 weeks, you wrote to BMW rejecting the car (we need to see this letter please. scan it up to PDF, please read our UPLOAD guide). at first BMW were onboard, even sending their own inspector, confirming the mods etc. but in the last 9 days since said inspection, comms have now gone dead. .................. you have 2 options - 1 - allow BMW to sort the car FOC and without hassle to him, but probably within their own snails pace timeframe. 2- EVENTUALLY bring legal action - this would most probably be under contract law, not a claim under the consumer rights act . (as financially you would lose out big time) to do 2. which is not easy and rather complex to calculate the financial sum involved...... we need all the info @BankFodder has requested. of many, but one good reason for this is say for this new mot, show the old one was suspect, good bargaining chip against 2500mls usage deductions... your call but you need to do this properly or not at all...............    
    • Hi, I've been reading through many of the stories in the sub-forum and I understand the process to be to send a Letter of Claim to the EVRi - in the post and to their customer support email and to sign up for MCOL.  I have looked at the various Letters of Claim and the MCOL claim forms - particulars of claim and I have gone through all of the screens on MCOL website to put in the final details so it is ready to go after the 14 days from when I send the Letter of Claim (of course assuming that EVRi dismisses my Letter of Claim to pay me in full!).  I also see the advise is to decline any mediation particularly because I have specified the parcel contents and value to EVRi when shipping it. I have put both the Letter of Claim and the forms from the MCOL particulars of claim into a single PDF for review.  The stories in the sub-forum often indicate people shipping with EVRi but some purchase through or have involved such companies as Parcel2Go and so I wasn't sure about the statement I made in the Letter of Claim if it was totally accurate to say "I am applying my third party rights under the Contracts (Rights of Third Parties) Act 1999"? I just wanted to confirm the correct wording.  In my case the parcel shipment was paid for on the EVRi website and sent at the Tesco EVRi Parcelshop.  On the MCOL claim form I have referenced Section 57 of the Consumer Rights Act 2015 in response to EVRi customer service hiding behind their lack of ability to insure delivery of laptops and their bogus non-compensated and prohibited items as a means to avoid any responsibility for them losing such items. Thank you for taking a look to see if there are any inaccuracies or amendments to the Letter of Claim - when it is looking good I will send via email and post it to EVRi.  Having drafted the particulars of the claim on MCOL, I shall be ready to submit the claim on the MCOL site when the 14 day period has elapsed and proceed from there.   Thanks for everyone's help! Letter of claim and MCOL Particulars of Claim.pdf
    • Wow quite surprised by your response in all honesty as I can’t see where you have requested details of the car. The car is insured and that was budgeted for and paid in full, the increase of £5k is because of the modifications, which no we didn’t budget for as we didn’t plan to buy a modified car, so no that doesn’t form any part of wanting to return the car, perhaps you don’t understand the impact modifications have on insurance premiums? Thanks for your help so far but feel going the legal route probably suits us better.
    • new thread created for the court claims. please complete this twice and i'll make another thread from the 2nd PDL Claimform we need to keep them sep.  
    • Most banks do not have any customer service staff available to support those opening a new current or savings account, according to research for Investec Bank.View the full article
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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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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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Posted (edited)

Thank you for your feedback and for taking the time to review the documents.

I apologize for any confusion and for not providing a complete story earlier. Let me address your questions and provide a clearer chronology of events:

Purchase Date from Amazon Germany: June 12, 2020

Item Failure Date: May 2022

Notification to Amazon within Warranty Period: June 2022

Return Arrangements to Amazon: The agent from Amazon emailed me the request to send the item back.

Issues with Warranty Period: When I raised the issue of the lost parcel with Amazon, they mentioned being out of the warranty period, even though they had previously initiated the return process. It seems the date had passed, but that wasn’t the case. I initiated the return within the warranty period (before June 12, 2022), but the return hadn’t generated a label (it needed to be sent abroad). So, I contacted Amazon, and they instructed me about the process on June 26—handling everything myself and the cost to be reimbursed later.

Choice of Interparcel: Interparcel was one of the few couriers/brokers that would ship the item to Slovakia.

Involvement of parcel2go: I used "The Evri International" service, which is operated by Parcel2go.com Limited (company number 02591405) under the Evri brand. This led me to decide to go after them.

I realize the importance of answering the questions and apologize for any oversight. Here are the additional details and clarifications:

Witness Statement and Court Bundle: I haven't prepared these, as I wasn’t aware they were needed.

Mediation: I did attend mediation; however, Parcel2go rejected all my claims.

I understand the gravity of possibly having to abandon the current case and pursue Interparcel or Evri directly. Your advice is invaluable, and I will provide any further information required to help assess the situation and determine the best course of action.

Thank you again for your assistance.

Edited by michealo
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Ok I'm up to speed.

I really need to know when your court date is, that is very important.

I also need to see a copy of your transfer notice which allocated it to your local county court please.

underpaid paralegal

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I've had to hide two of your posts.  Anyone clicking on your links gets sent to external sites.  On top of that your real name is showing on one screenshot.  Fellow Site Team member dx100uk has already politely asked -

On 24/05/2024 at 14:47, dx100uk said:

please dont use hosting sites.

copied and attached as per our upload guide.

dx

Anyway, jk2054 wants to see the communication you got from your local court which will have told you about the hearing date of 17 June, and will have mentioned a deadline for filing your Witness Statement.

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Posted (edited)

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?

Edited by michealo
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I need the paperwork.

I don't know why you are avoiding it, but I need to see the paperwork.

if your not going to provide it then there's 0 point in this thread existing

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underpaid paralegal

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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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It seems it's better to withdraw as I don't have any paperwork. My scanner app on the phone is showing no files regarding this claim.
I won't be able to provide the docs.

Thank you all.

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Sorry, I meant I lost my all scanned documents.

I have access to money claims account (GOV website with claim details) and notice of trial document. Nothing else.

I am missing the Defence Pack Password: for the moneyclaim website.

 

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Posted (edited)

The only thing I need is the notice of trial.

that is it!

 

you have it

please post it!

Edited by jk2054

underpaid paralegal

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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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Posted (edited)

He hasn't lost any documents.

its OCMC so every document is online so i dont really know what he thinks hes lost? 

he has the trial notice and thats the only paper notice.

£27 to save £35 frankly makes more sense IMO.

Also he hasn't sued the wrong person, evri international is parcel2go and he has sued parcel2go hes sued the  right person because interparcel will have a contract with P2G (since they own evri itnernational) which he can claim 3rd party rights to so he has sued the right person.

same as evri packlink claims etc etc just the other way round.

Although I do agree his documents are later than we'd like, so long as they're by 14 days they're still admissable so if we get something done in the next 1-2 days he'll be ok.

his claim isn't struck out either so....

 

BF - I don't think it will be pretty but hes only chasing £270 so spending £90 in fees seems backwards + he's suing P2G who really aren't the smartest bunch at court claims (if you look at the defence it is frankly pathetic and definitely does not conform to CPR IMO).

never seen them win a single case....

Also P2G are the right enttiy because its evri international. Suing evri here would actually really struggle because the contract is for parcel2go who operate evri international. This isn't evri like we know it

 

@michealo Please post the trial document Asap also please post P2G's witness statement.

Edited by jk2054

underpaid paralegal

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search the claim number in your email and look for anything from parcel2go

 

post up here a list of what you get

underpaid paralegal

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Post hidden - again.

External hosting sites used - again.

Your full name showing - again.

:frusty:

 

We could do with some help from you.

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is there any chance someone can redact it from the OP as it sort of needs to be done tonight and I dont think they know what to do

underpaid paralegal

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I think 13 months is quite sufficient time to read a simple upload guide, everyone else manages to do it straight away.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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