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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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Evri lost my Ebay parcel £844 - court claim issued ***Judgment***


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Not sure what you meant in your last 2 posts

re: might be your close I’ll check or maybe they stopped giving notice if an advocate is going to attend because they don't want a repeat of last time;  its 2 hours so actually I'm not sure what they’re doing

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Well if an adovate attends I dont think they actually need to give notice.

 

Similarly if they attend themselves they dont need to give notice.


So i was thinking if you are close enough, then they may turn up themselves, but it seems they are not.

 

Have you checked your paper mail? They may have sent it via that if bundles were exchanged by paper

underpaid paralegal

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Yes, checked post and email - nothing received. If anything does turn up then i will update on here.

As they have not provided anything in the post/email that they are not going to attend, I am taking the view they are attending - either themselves or a representative on their behalf.

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On 29/05/2024 at 21:04, jk2054 said:

on friday you should get an email with evris cpr 27.9 notice

Where are you getting this none attendance from ?

We could do with some help from you.

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As per my post above, I believe they are attending - either themselves or a representative on their behalf, as I have not received any notice either by post/email that says otherwise

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Posted (edited)
On 05/06/2024 at 22:55, AndyOrch said:

Where are you getting this none attendance from ?

well in every other thread advocate or not evri always send a cpr27.9 because they never turn up.

I don't think we've seen a thread here without one. Maybe @BankFodder can tell me if i've missed one, but all of the ones I can remember there has been a cpr 27.9 notice even when an advocate has attended and from my own knowledge also I've always had CPR 27.9 advocate or not.

I dont think there is a single thread on this forum where evri have shown up themselves and similarly I don't think there is a single thread where they dont send notice (aside from this)

On 05/06/2024 at 21:18, occysrazor said:

Yes, checked post and email - nothing received. If anything does turn up then i will update on here.

As they have not provided anything in the post/email that they are not going to attend, I am taking the view they are attending - either themselves or a representative on their behalf.

Yes you should take this view, but this is nothing to worry about you will be fine.

you have a very well edited WX im sure although I haven't actually looked at it because I can't seem to work out which one is the new one anymore, although I do remember something previously.

however if i remember it right its just a lost parcel via packlink and no insurance which frankly is pretty straightforward and should be a copy of farooq v evri.

Have I understood the case right? Please tell me if not as there is rather a lot on this forum

Edited by jk2054

underpaid paralegal

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Thanks I'll take a look on my break

Sorry I've only just come onto break

it just goes to page one of the thread for me.

Do you know what post # it was?

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underpaid paralegal

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Posted (edited)

Hi, no

Is the court supposed to provide confirmation that the case is going ahead?

The only correspondence i had from the court is the hearing letter which explains the hearing date/time and the amount of the hearing fee to be paid. 

Hearing letter is attached on post #259 - https://www.consumeractiongroup.co.uk/topic/459707-evri-lost-my-ebay-parcel-£844-court-claim-issued/?do=findComment&comment=5259964

 

Edited by occysrazor
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some do some don't. pot luck really but I should be able to tell by 4pm ish hopefully so I'll keep an eye out.

I just wondered if you knew or not

underpaid paralegal

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Thanks, how did you find out its going ahead and the length of the list? Does it show where my case is on that list, or the time of my case?

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im not sure if its online sorry theres a system my new job uses but I don’t know if theres a public version anywhere sorry.

 

Case one is CE (a parking firm) V talati (XXXXXXXX)

second is hemswell residency company V cluer (XXXXXXXX)

you are third but i wont post your name  or case number on a public forum for your privacy 

 

however judges may call the list as they see fit so it may not mean you are exactly third to go in, but it should be a pretty good estimate

 

.

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underpaid paralegal

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Yes you shall be fine I am sure just make sure to make the point at the start you are relying on CRA now ASWELL based upon the contract EVRi produced. Make sure they know its both so if one fails you are still using the other

I’m not sure on BF but I think that maybe someone from EVRi will come outside the court and speak to you to try and settle

underpaid paralegal

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Yes  i have made that point in my notes to make the judge aware at the start.

They've had all this time to contact me, to try and resolve before court.

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Yea but this is evri and to be honest since the date you paid your hearing fee it costs them the same

anyhow you shall see tomorrow

Judges are now loaded and they are both deputies 😕

I just noticed on evris WS point 4 and 5 they have put the claim was issued in july 2024 and responded in august 2024?

Did we previously realise this?

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underpaid paralegal

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Posted (edited)

alright then was just curious.

gotta admit its a pretty shoddy witness statement.

Alright their rep is an advocate.

Edited by jk2054
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underpaid paralegal

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