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    • Please will you monitor the thread for a reply on Sunday. Also when you make posts please can you spice them with lots of paragraph spaces etc because it becomes very difficult to read on a small screen such as a telephone and it tends to put people off.
    • My son purchased a car from BIG MW in April. 6 weeks later we sent a letter confirming we were rejecting the car due to it having modifications we were not made aware of - it’s been remapped and also changes to the exhaust removing one part and replacing with a straight pipe. This was confirmed to us by a garage we paid to assess the car. Things have gone fairly smoothly BIG MW sent their own assessor to the car 9 days ago which states the exhaust is immediately obvious when inspecting under car (something their 200 point check claims to do) and has also raised issues over the front tyres. Now BIG MW seem to have stalled, fobbing us off as to why they can’t confirm rejection at the moment and after good progress, the last 9 days since the assessment it’s not progressed at all. The latest is needing the finance company to confirm the outstanding balance - we paid it off within the cooling down period and have sent evidence of this, plus surely a HPI check they have easy access to would confirm this. So now another week passes with a car that can’t be driven and is costing a fortune to insure to sit on the drive. BIG had the car MOT’d in January and it passed with no advisories but the tyres are very poor and should have been picked up and emissions from the exhaust are high and causing a warning light so I have concerns as to whether the MOT is even genuine. I’ve threatened legal action if rejection wasn’t confirmed today, they are aware I work alongside lawyers who deal with disputes.  Any advice as to how I make them stop fobbing me off with delays and get them to confirm rejection? Also the car has done 2,500 miles since we’ve had it - what sort of deduction is reasonable - I’m loathe to accept any as they misrepresented the car and have dragged this out longer than needed. Thanks
    • Please will you check back on Sunday at some point for a full response
    • Many thanks for the advice. Form en route Monday a little late after sorting witnessing by a solicitor. 
    • Good spot, LFI. So you're meant to find a space, park up and then find a ticket machine within five minutes of entering the car park? Very fair... HB
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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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County Court Claim against EVRi Consumer Rights Act 2015


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Posted a vintage car part for renovation (unobtainable new) with EVRi 08 Dec 2022. Never arrived.

 

Tracking stalled 13 Dec. EVRi says no trace in their system. 04 Jan 2023 reported loss.

 

EVRi rejected claim twice, saying it had to be made within 28 days (it was 27 days). Finally accepted claim. Refused to pay for cost of replacing the part with a second hand one and paid only £20 compensation. It has cost me over £300 to source and purchase a replacement.

 

Letter before court sent - no reply from EVRi.

 

I have  refused mediation and I'm about to make full disclosures to the court for a trial date to be listed.

 

Relying on Consumer Rights Act 2015 -  failing to provide a service with reasonable care and skill.

 

Will cite the 40,000 lost/stolen EVRi parcels in Dec 2022.

 

EVRi have since failed to deliver several other packages to me which have had to be replaced by retailers.

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So I understand that you have issued your claim. Please will you post up your claim form here in PDF format.

 

Presumably EVRi have filed a defence. Please will you post the defence in PDF format as well

Also you must have sent them a letter of claim. Please will you also post that in PDF format.

Did you declare the item correctly? And what value did you declare when you sent it?

Did you get their so-called insurance? On what basis did they refuse your claim?

Please read as many of the EVRi stories on this sub- forum as you can in about two days. This means lots and lots of them.

Make sure you are completely comfortable with the principles involved.

 

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1.       On 03 May 2023 I emailed EVRi regarding EVRi’s refusal to compensate me more than £20 as I didn’t pay extra for insurance and that EVRI's policy that the client must themselves insure against EVRI's own contractual breaches is unfair per the Consumer Rights Act of 2015 and therefore unenforceable. I also stated that EVRi's attempt to sell additional insurance cover for items they have contracted to deliver is an attempt to sell rights which I already enjoy per the 2015 Act. Therefore, the defendant is trading unfairly as per Consumer Protection from Unfair Trading Regulations 2008 para 10 schedule 1. My email also stated that I would make a £20 unilateral deduction from my claim once settled.

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Thank you, but you haven't posted up the documents which I have requested

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You also haven't addressed the questions which I put in relation to the declaration of the item correctly and its value.

 

It is tricky enough doing things on a forum but when we have to repeat questions in order to get answers, it makes it much more difficult than is necessary

 

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I cannot send you the other requested PDF's as they contain my personal details which are not for public disclosure.

 

In view of your critical comments, I don't wish to cooperate with you any more.

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That's fine. We are always happy to help and we are happy to help you in the future if you change your mind. However, we do everything here for free and in order to proceed quickly, you need to engage with this thread so that we can move on as efficiently as possible and get you your money back.

 

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