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    • Another one. Top Tory placed dozens of bets on the election date. It looks as if he kept them under £100, thinking they wouldn't be investigated, but the Gambling Commission is looking at potential winnings as well as the size of the bet. How many more are there? https://archive.ph/StZqL
    • 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.  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

eBay parcel worth £265, booked via Parcel 2 Go, 'lost' by Evri


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That looks fine

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Yes, absolutely normal for them to waste everybody's time and money by asking for more time – which they are entitled to do, of course – but it is simply a waste of time.
They use prepared template defences. They know they are in the wrong but they simply want to make your life tough because they don't care about you.

However do keep an eye out. You never know there is just a 1% chance that they could miss the deadline in which case you should apply for judgement immediately.

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Exactly right Bank! 

I had an email this morning from HM Courts and Tribunals Service Civil Money Claims:

Dear Mr xxxx

Claim number: 527MCxxx

Parcel2Go.com has been given an extra 14 days to respond to your claim.

They need to respond to your claim before 4pm on 4 June 2024. 

Anyone would think you've been through this before!

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  • 3 weeks later...

Afternoon All - after 3 weeks of silence, this morning I received an email from HMCTS advising that P2G have rejected my claim.

 

They have requested mediation, I’m sure not least to drag the case out even longer, but I can see no benefit to me in this and so shall reject it.

As ever, I’d welcome your thoughts guys.

g59 

 

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Please will you upload the defence in a PDF format document

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Okay everything is normal. No surprises.

I'm assuming that you are prepared to carry on. It's a pretty amazing defence because they even agree that the box arrived empty but even more astonishingly they agree that your parcel hasn't been handled with due care and attention.

Their sole defence is that they limit liability to £20 unless you purchase extra insurance.

In other words they contravene section 57 of the consumer rights act unless you purchase a secondary contract of insurance which is contrary to section 72 of the consumer rights act.

These people are more stupid than the people at Evri.

I suggest that you carry on. We suggest that you avoid mediation. I believe that a new compulsory mediation scheme is coming in but I think that this is for cases which were begun after your claim date.

We suggest that you go completely to trial and get every penny. Your chances of success are pretty well 100%.

I hope you understand where you are on this and what the procedures are now. If you haven't then you have more reading to do.

We suggest that you pay the money to continue and that you decline mediation.

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Thanks Bank - that's exactly what I was thinking. Good of them to concede the parcel hadn't been handled appropriately and that it arrived minus its contents, and the oft quoted precedents would appear to scupper their 'claimant didn't take out our additional 'parcel protection' defence. 

I shall indeed decline the mediation, and pay the additional cost to take the case to a hearing. 

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They will be really stupid to allow this to go to trial and they should probably put their hands up – but frankly I am crossing my fingers that they do go to trial and you get the judgement and you will help us get a transcript to put it up on the forum to add to the others that we have.

 

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ayy its dianne!

 

53 minutes ago, BankFodder said:



I suggest that you carry on. We suggest that you avoid mediation. I believe that a new compulsory mediation scheme is coming in but I think that this is for cases which were begun after your claim date.

 

 

It's in but there's a way to avoid it. If you use the OCMC system (the new one like this person has used) mediation is still optional :)

underpaid paralegal

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Absolutely. If they do defend it they'll also likely incur travel and subsistence costs as I'm in Twickenham and they're in Oldham, and my understanding is that court cases invoving individual claimants are scheduled for their local court rather than that of the defendants.

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Posted (edited)

oh they wont turn up, that would require effort...

 

they'll send an underpaid LPC advocate to argue for them....

 

yes it will be in twickenham

Edited by jk2054

underpaid paralegal

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Stick to your guns. Stick to your plan. Don't be diverted.

Don't imagine that the thought of a few quid or a few hundred quid is going to worry them. These people don't make decisions based on business, sense.
Just keep on going. If you're happy to avoid mediation then go to trial. Go to mediation as part of their business plan. They want to place obstacles in the way of litigants and then settle at the very last moment.



 

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OK - I have rejected mediation and said I wish to proceed to a court hearing. I said 'Yes' to :

Do you consider that this claim is suitable for determination without a hearing, i.e. by a judge reading and considering the case papers, witness statements and other documents filed by the parties, making a decision, and giving a note of reasons for that decision?

since they appear to be relying solely on my failure to purchase their additional 'parcel protection coverage/insurance' which my submission of the PENCHEV and SMIRNOVS transcripts should kick firmly into touch.  

 

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Frankly I think you should go to a hearing unless you feel especially nervous .

If you have any worries then you should follow our link to find out about a county court familiarisation visit

 

 

You shouldn't forget that county Court judgements are very helpful but they are not binding. They are only persuasive. 

It is difficult to see you losing but it might be better to be there in order to counter any arguments from the other side

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That's fine - I'm quite happy to attend court if necessary. The question was phrased in such a way that had I declined the 'consideration on the papers' option, I would have had to explain why I didn't think such consideration was appropriate, and since P2G appear to be relying on a single (arguably flawed) issue, I thought it might result in a speedier determination.

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Do I take it that you had already informed the court that you wanted the case settled on the papers rather than by way of a hearing before you came here and told us?

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Yup, sorry - defo should have checked with you guys first. But with the case only being argued on one point, and the Penchev & Smirnovs precedents to be presented in my bundle, I thought it would be an easy slam dunk! 

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Going without trial opens up to an opprortunity of a judge skim reading things or missing thingd and not accepting the weight of the oral argument

underpaid paralegal

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