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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
      • 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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FeelUnique/Sephora - Online Order Return Lost by Evri


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Yes, do the reading as advised by my site team colleague and stand by for further responses tomorrow.

You need to do lots and lots of reading to understand all the principles involved on the strategies.

Trying to deal with your question as to why you shouldn't go after the retailer:
who is the retailer?

On what basis where you affecting the return? – Faulty goods? Within the returns policy?

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Thanks for this reply.

To begin with, there is no downside with releasing the name of the supplier. It will help others and also it may put pressure on them to sorted out rather than to damage the reputation. Please put it up and it might help us with extra information.

Secondly, it is unlikely that you will find a similar case here. But that's not the point. The important thing is to find the principles within all the cases.

You say that the return was really because of your own change of mind but within their returns policy. I'm afraid that this probably makes it easier to attack the delivery company then the supplier.
This was a voluntary return and although you can say that their policy gave your contractual right to return it, you will become far less complicated if you sue the delivery company.

However, we will keep our options open for the moment.
From what you have written so far, I gather that you haven't even made a complaint to EVRi. I think you should do that immediately. Contact them by email in my letter and asked them where the shipment is. Come back here and tell us whether you have had a reply after about seven days.

In the meantime, start doing lots of reading – and I mean lots and lots.

I expect that you will get your money back but you need to be confident of what you are doing and this means that you need to be reading so you understand the route

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If only says that they delivered it then you will want proof.
If they don't have any proof and that is too bad for them.

The fact that you appear automatically to be prepared to accept the word of EVRi without any reference to evidence of the delivery makes me concerned that you still trust them.

I don't have an email address for them – maybe somebody else will come along and post one up here although I'm sure if you do enough reading you will find their contact details.
Of course you can write to them as well. If you write then make sure that you evidence that your letter has been sent and delivered.

Did you pay for their insurance policy?

Also you refer to a case involving QVC where the OP has not returned after we have given advice.

This could be because they are waiting for court papers or court dates – but unfortunately could also mean that they have simply had some kind of success and have NOT come back to updaters.

For anybody who reads this, this is very unhelpful. We go to considerable lengths to help people and at the very least we and the other people who rely on this forum deserve to know what happened.


Knowing the outcome of people's claims helps other people to make decisions has to whether or not proceed with the claim, it gives them confidence, and it helps them to understand the steps.


It is very unfair when people come here for help and then simply disappear without letting everybody else know how it went – let alone disappearing without saying thank you.

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  • dx100uk changed the title to FeelUnique/Sephora - Online Order Return Lost by Evri
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