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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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Evri lost £169 leather jacket online mcol claim issued*** Settled at Mediation***


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I hope you are feeling a little less depressed and dejected this morning. He managed to get this started on your own and many people don't get that far. It's pretty clear from your claim form the although it's a bit strange, that you've done some reading here before you sent it off.
It might have been helpful if you'd posted up first but anyway it's okay and it's good enough to have warranted a full defence from EVRi.

You've redacted the first one or two paragraphs are your claim form. I'm not sure why and it will be helpful if you could post the whole thing with minimal reduction – simply to remove your identifiers. You don't need to redact anything else.

Don't worry about it – as long as we are honest and straight dealing, you can be comfortable about posting anything you want.
You can be certain that EVRi is watching this thread already and they know exactly who you are and what you are doing and the claim that is coming.

Once again, we don't engage in secret squirrel stuff. We are upfront and squeakyclean. EVRi knows this and this is something they have to deal with
please can you post the claim form again – minimal redactions. That will be helpful to us.

You are mediation coming up. One of the things you must do is to start feeling confident and don't start acting depressed or dejected. You have the whip hand. You can control this. EVRi are in the wrong. They know they are in the wrong and they are simply trying to raise obstacles to discourage other people.

You will probably find that the person on the other end of the mediation is George Wood who is simply doing his masters bidding. Don't give any ground. Eventually you might give up some interest that you will get the money.
If the mediation fails then simply walk away and we will help you in court and you will definitely win.

Of course you're going to give ground on the double claim fee That was a mistake and you should refer to it immediately at the beginning of the mediation so that you can demonstrate that you are not trying to money grab. You are simply trying to get what you paid for which was the successful delivery of an item by EVRi.
You paid 100% – you get 100% return. It's easy. Even George Wood would understand.

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Okay. Thanks for this.

If you redact documents in future, please could you be a bit more delicate about it so that we have a more careful idea about what is missing and we don't get the impression that may be something important is covered up.

You will get your money back – but it's important that you realise now that you are in control. Read the stories. Read the advice that we give in the pinned treads at the top of the sub- forum.
Ask us questions.

The mediation process really doesn't involve much law. It really is just about stating your position and that making it clear that you won't back down and you were prepared to go to court.

There is no reason why you should give up a single penny.
I can appreciate that it is heartbreaking. There will be thousands of people this Christmas season who have parcels disappearing either through carelessness by EVRi or by theft committed by their own staff and people will be heartbroken.
Despite that, EVRi will continue to try and defy people's legitimate claims.

They run an insurance system which is unenforceable under section 57 of the consumer rights act. This is not a real insurance in that there is not a commercial insurance where it is simply just money in their pockets.
My estimate is that EVRi themselves are earning several billions of pounds per year of unearned and undeserved money and the parcel delivery industry as a whole is probably earning £10 billion per year in exactly the same way.

This is why they are so greedy about it and this is why they are so enthusiastic about not giving up a single inch.

And of course it is the consumer who pays the bill. And this is billions of pounds every year which is removed from the UK economy.

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The fact that you are asking why on earth they do this in the face of a statutory prohibition suggest to me that you haven't read enough of the stories here.

They do it in order to raise obstacles. They know that they are wrong. They are fully aware of section 57 of the consumer rights act. They are fully aware of section 72 of the consumer rights act but 99 times out of 100 they get away with it and as I've already suggested, they are making billions of pounds every year with an insurance scam.

And of course it very likely is "insurance" and as such we are not aware that it has gone through FCA procedures and that it has been regulated and either authorised or that the FCA have granted an exception.

What they are doing is completely unlawful but unfortunately there are no authorities prepared to move themselves to do anything about it and of course it has simply become accepted as part of the normal consumer culture.

Have you seen our pizza delivery video?

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Just go for the full value of the jacket. I haven't really followed the thread very well – was that the declared value. Maybe you can just give a very brief summary of how the puzzle over the value has happened.

In terms of the video presentation, I'm pleased you enjoyed it – but I'm going to say now – the fact that we had to draw your attention to it means that you really haven't done much reading.

You are coming across as extremely under confident. If you take a day or 2 to do some solid reading of the stories on the sub- forum then it will help you a great deal in your confidence and also in your approach to your forthcoming mediation.

It's not a waste of time. This forum is about self empowerment. We try to direct you and we provide you with materials but we expect you to do your share of the work

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  • 2 weeks later...

It sounds good except that you should make it clear that it is insurance.

Don't use some euphemism for what is really and unregulated insurance product.

Also make them aware that the legal head Tom Hugo is completely aware of the situation and has been provided with copies of the judgments.

Any attempt by EVRi to pretend that they have these rights would not be honest because there are fully aware

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  • AndyOrch changed the title to Evri lost £169 leather jacket online mcol claim issued - defence filed ***Settled in Full Mediation ADR***

Have you had an approach from EVRi about this?

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  • AndyOrch changed the title to Evri lost £169 leather jacket online mcol claim issued - defence filed

The EVRi children – George Libby and Judith are always worried about people knowing how they have been rumbled and how they eventually give in and pay up the money.

By now they would have seen the article in The Times on Saturday. They will now know that even Which magazine have come on board and confirm that the parcel you delivery insurance is unlawful under section 57 and section 72 of the consumer rights act.

Their top boss Tom Hugo is on notice about this and he has been sent copies of the judgements that we have.

EVRi and the other parcel delivery companies are running unregulated insurance which itself is contrary to law. They are using this unregulated insurance to force their own customers to take out insurance against the failings and breaches of contract of the parcel delivery companies.
Any other industry would take its own third party insurance to protect their customers interests. Not the parcel delivery companies. The parcel delivery companies. Own customers to take out third-party insurers to protect themselves – the parcel delivery companies.

It is a wonderful scam and I am amazed that the people who are involved in pushing out these defences and trying out these arguments at mediation and even a trial can look themselves in the mirror each day.

However, as they are probably making billions of pounds each year from parcel delivery insurance – unearned and undeserved. Money taken from ordinary consumers. Money taken from the British economy, I suppose that some people might decide to close their eyes to what is really going on.

Merry Christmas children – everywhere.
 

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