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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.  
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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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    • 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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Used Parcel2Go - Evri Lost Parcel value £280 !!


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Hi All, I need some help please.

 

I employed Parcel2Go to ship a box of used diesel injectors to my business partener is shropshire and they lost the parcel.

I did not choose to insurethe parcelas I beleive they hace a duty of care to carry out the contract without losing or damaging the parcel as that is what I am paying for in the first place.

 

At first I couldnot contact them as there is no phone number to contact them with and the only way I could communicate iwth them is via online chat whereI was told by what I assume is a contact center inindia, that my parcel has been lost abda claim has been started. I then asked to speak to a human and was told I would get a call back from their escalation team within 24 hours which I did. I was told then by a lady in the UK that the parcel shouldnot have been considered lost and that she would make enquiries with the courier Evri.

 

I then received a mailstating the the parcel had been lost and that a sepreate mail has been sent to me with the next steps - I never received that mail. I wrote back informing her of this - no reply, I mailed again asking for a call back - no reply.

 

I have just mailed them now asking to make a formal complaint and that the offer of £20 plust the cost of postage is not enough to cover the loss.

 

I would like to take the matter further ad need asisstance in how to progress this by means of a letter before action or whatever means are applicable insuch cases.

 

This insurance thing is just misselling of insurance !! I am employing them to do a job - they failed andcaused me a significant loss of items, business and time, surely they must have accountability ?

 

Thanks in advance,.

 

Rake

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We can help you get your money back, but first of all, please spend at least a couple of days reading through the many stories on this sub forum so that you fully understand the principles.

 

When you have done that come back here and we will take you through next the step

 

Also, what is the value of the items? Was the value correctly declared and was the item correctly identified

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Hi Bankfodder, I have already done that and I am now aware of the steps required  in order to recover this loss.

 

Just seen the remainder of your post bankfodder.

 

the value was stated at £200 and the description was “parts” the items were fully identified when I contacted them regarding the loss and the contents were not disputed.

 

I have sourced replacements from Poland at a cost of £256 plus post. 
 

these items are rare diesel injectors that have a signal wire and come from 20 year old Vw transporter vans. Each single injector is part of a set of 5 that I sell for £550 asst so not having the sensor injector renders the set of 5 as useless.

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Ok, send them an initial letter of complaint.

Don't give any deadline. If you get knocked back or don't get any reply in about 5 days then we will send a letter of claim.

 

Draft a letter of claim and Post it here so we can have a look

Incidentally, you will only be able to claim for your declared value

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Email is fine 

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OK so I declined the refund and told them to expect an LBA andI got this reply- have they covered their backsides with this ?

 

"Good Afternoon

Thank you for your e-mail.

Please accept our sincerest apologies for the loss of your goods in transit.

When booking your order, you entered a value for your goods of £200.00. Unfortunately, you did not take out any further parcel protection for the contents. As a result of this, you were only protected to the value of £20.00.

You were urged on two occasions to protect your goods to their full value. We offer our customers the opportunity to fully protect their goods so that an event such as this we can compensate for the item, Ronen Goodfriend.

When progressing with the order having not protected your goods, the following message appears:

“You have declared the full value of your item(s) at £200.00, however, you will only be protected for the basic rate of £20.00.
Would you like to take out extra protection for your items up to £200.00 for only £9.99 plus VAT

Yes, please increase my protection to the full value

No, thanks. I will accept the risk'

If you select no, a red box pops up and explains ‘We strongly recommend that you protect the full value of your item(s)., which again in this instance was bypassed, Ronen Goodfriend

As you did not do this, we have offered you the £20 standard protection plus the return of your carriage fees. I do hope this explains information to you further.

Once again, we do apologise for the situation, we value our customers very much and it is unfortunate that your experience with us did not run smoothly.

Please do not hesitate to contact us should you have any further queries, Ronen Goodfriend.


Kindest Regards"

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Sorry to get tough – but I initially recommended that you do lots of reading and you responded that you have done it.

The fact that you are asking this question makes it very clear that you haven't done the reading.

Please do the reading, this is a self-help forum and although we support you and guide you, it is up to you to understand what you are doing by reading the experiences of hundreds of people here before you and who have all succeeded.

Where is your draft letter of claim that I asked you to prepare?

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@BankFodder I did do some reading, perhaps not 2 days worth but I read 2 very long posts about it- I'll do some more.

 

The letter is being drafted as I type, Wife is away and I have 2 kids and a day job and a small business to run so time is an issue when she is away but I will get it done.

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Letter of claim - Is this sufficient ? I have the receipt for the purchase of the injectors contained in the parcel as evidence of the value of the loss.

 

19/05/2023                                                                                                                                                                                                         Mr R I Goodfriend / Project Power

                                                                                                                                                                22 Handfield Road

                                                                                                                                                                Liverpool

                                                                                                                                                                L22 0NX

                                                                                                                                                                07415125940

 

Letter Of Claim: Parcel to go shipment  reference P2G114502299

I am writing this letter of claim in accordance with the pre action protocol for debt claims.

On the 26/4/2023 I employed Parcel2go to deliver a parcel to United Diesel Fuel Injection Services on a next daye delivery as this parcel was important and contained diesel fuel injectors intended for customers of mine who had already paid for the product. The value was declared as £200. On the 2/5/2023 I was informed by Parcel2Go that the parcel had gone missing and that they were making enquiries with the delivery company as to the whereabouts of my parcel.

On the 9/52023 I was informed byParcel2Go that the courier was unable to locate said parcel and that I was to consider it a total loss. As such Parcel2Go is in breach of the contract I had made with them to deliver the parcel to its final destination. This has caused a loss of £280 which is the price I paid for said injectors contained in the parcel which were purchased from united diesel fuel injection services who sent them to me to lengthen the wires before I sent them back to united diesel to be reconditioned and supplied to my customers. I enclose the receipt for said purchase totaling £280.

 

The outstanding Debt of £280 can be paid to the following account details.

Ronen Ilan Goodfriend

Sort Code 40-29-03

Account Number 81322923

 

Yours Sincerely

Mr R I Goodfriend

Edited by BankFodder
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First impression is that this is not a letter of claim because it does not lay down a deadline by which you will sue them in the county court. Normally 14 days

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@BankFodder Thank you but I did read the guidance andit stated that they had 30 days inwhich to respond so I didnt include a time frame,

I will amend.

 

Amended below -

 

etter Of Claim: Parcel to go shipment  reference P2G114502299

I am writing this letter of claim in accordance with the pre action protocol for debt claims.

On the 26/4/2023 I employed Parcel2go to deliver a parcel to United Diesel Fuel Injection Services on a next daye deliveryThe value was declared as £200. On the 2/5/2023 I was informed by Parcel2Go that the parcel had gone missing and that they were making enquiries with the delivery company as to the whereabouts of my parcel.

On the 9/5/2023 I was informed byParcel2Go that the courier was unable to locate said parcel and that I was to consider it a total loss. As such Parcel2Go is in breach of the contract I had made with them to deliver the parcel to its final destination. This has caused a loss of £280 which is the price I paid for said injectors contained in the parceI. I enclose the receipt for said purchase totaling £280.

 

The outstanding Debt of £280 can be paid to the following account details.

Ronen Ilan Goodfriend

Sort Code 40-29-03

Account Number 81322923

 

Payment must be made by the date no later than 5/6/2023 or I will have begin court proceedings in the county court.

 

 

 

Yours Sincerely

R I Goodfriend BSc.

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Please could you tell me where you found this guidance and give us a link to it.

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PAP that's Business to debtor not applicable in your claim.

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50 minutes ago, Rake722 said:

 

 

Letter Of Claim:

Parcel to go shipment  reference P2G114502299

 

I am writing this letter of claim in accordance with the pre action protocol for debt claims.

On the 26/4/2023 I employed Parcel2go to deliver a parcel to United Diesel Fuel Injection Services on a next daye deliveryThe value was declared as £200.

On the 2/5/2023 I was informed by Parcel2Go that the parcel had gone missing and that they were making enquiries with the delivery company as to the whereabouts of my parcel.

On the 9/5/2023 I was informed byParcel2Go that the courier was unable to locate said parcel and that I was to consider it a total loss. As such Parcel2Go is in breach of the contract I had made with them to deliver the parcel to its final destination.

This has caused a loss of £280 which is the price I paid for said injectors contained in the parceI.

I enclose the receipt for said purchase totaling £280.

 

The outstanding Debt of £280 can be paid to the following account details.

Ronen Ilan Goodfriend

Sort Code 40-29-03

Account Number 81322923

 

Payment must be made by the date no later than 5/6/2023 or I will have begin court proceedings in the county court.

 

If I do not receive reimbursement in full within 14 days of this letter, I shall sue you in the County Court for the value of the item which you have lost plus interest plus costs and without any further notice

 

Yours Sincerely

R I Goodfriend BSc.

 

enc: receipt for £280

 

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32 minutes ago, Rake722 said:

Thank you - This is a business claim though, I run an injector business.

 

I will send them the above.

 

Thanks again.

 

 

 

Does not apply to B2B unless you are sole trader.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Not to worry go with the above LBA as provided. 

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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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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They replied with a revised offer of £50

After careful consideration, our case team have now revised the offer for your claim against xxxxxxx

We hope our latest decision meets with your expectations.

what happens next?

Once you've accepted an offer of settlement, we'll transfer your reimbursement via your preferred method of payment.

 
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ignore send letter of claim

 

dx

 

  • I agree 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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And a new email - 

 

Good Afternoon 

As advised in our previous email, you declined to fully protect your contents, to the declared value of £200.00. As such, we are only liable for the value of protection in place of £20.00.

 

Per our terms and conditions, you agreed to; https://www.parcel2go.com/terms-and-conditions

6.4 We shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this clause 6 and clause 7.

 

6.5 We shall not be liable to you under any circumstances for:

 

(a) any direct or indirect loss (including, but not limited to loss of profits, or loss of goodwill); or

 

(b) any other special or indirect losses, costs, damages, or claims which do not arise naturally as a result of our negligence, breach of duty, or other wrongful act or omission.

 

The Limitation on the Amount of our Liability

 

6.7 If we are liable to you for any reason, we shall (subject always to clause 7) only be liable to refund to you the cost paid for the Service(s), unless you have purchased Parcel Protection for your Consignment from us. 

 

For the avoidance of doubt, this includes any Parcel Protection that you may require in respect of any items listed on the “Items Protected for Loss Only” and “No Protection Items” lists. No level of Parcel Protection that you purchase from us will render allowable any item which is on the “Prohibited Items” list. 

 

Where you purchase Parcel Protection for your Consignment from us, our liability to you is limited to the lesser of: (i) the value of the Parcel Protection taken out; or (ii) the actual value of the Consignment at the date of loss or damage (as applicable). Where you do not purchase Parcel Protection, you confirm that you accept the risks of not doing so.

 

After further review, as a goodwill gesture, without prejudice, I would be happy to increase the offer to £50.00, which is 25% of the declared value, as this is your first claim with us.

 

 

I fully understand this is not the amount you wished for as per your previous email and you wish to take this matter further, and of course that is your prerogative to do so, however, I must strongly advise you that should an item become lost or damage and we accept liability, which we have in this instance, as per our terms we will only be liable for the cost of service unless protection has been purchased, in this instance it was for the standard £20.00, this does mean we are only liable for this amount. However, on this occasion as a gesture goodwill without prejudice, a revised offer has been made.

 

 

 

If you wish to pursue further, this may be sent in writing to the below address:

 

Parcel2go

The Cube

Coe Street

Bolton

BL3 6BU

 

Once again, I would like to offer my sincerest apologies for any inconvenience this matter has caused.

 

Kindest Regards

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ignore

send letter of claim 

 

 

  • I agree 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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