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    • Couldn't get back to you this afternoon I will tidy it up in the morning ready for the deadline Andy  
    • @jk2054 Received the order of judgement today and Evri have also paid. @BankFodder and JK - I've recently sold an item on Ebay and this time, I did not use Packlink or Evri to send the item to the recipient (used Royal Mail and item successfully delivered). However, I took screenshots of the process to go through Packlink to book a delivery service such as Evri, as i thought it would be useful for you and other members of this forum to see how someone would choose a delivery service through Packlink, and the information that's available about the parcel value, delivery service, compensation etc.  It may also be helpful in future WS / Bundles as an example to show that Packlink is an intermediary / comparison service which provides users with a list of services of delivery companies and the user selects the option that best meets their needs. The screenshots are in the attached pdf. You'll note that A lot of the information is pre-populated such as the order value (which cannot be changed), recipient's address etc. and there is a list of different couriers / delivery services, the compensation they offer, and the price of using 1 of the couriers/delivery services. Towards the end, there is an option to select full compensation coverage from Packlink, and proof of delivery, and the costs for each of these services. In each of the screenshots, there is a prominent message that by clicking "purchase postage label", the user is acknowledging and accept that their purchase will be subject to Packlink terms and conditions - these are the Terms and Conditions that Evri provided in their defence witness statement in my case, and that I used to explain to the judge that under these T&Cs, there is a contract with the delivery company. Delivery service selection on Packlink (redacted).pdf
    • or an egg loan? as you say their paperwork only refers to an 11 digit number not a 16 digit on for a card? dx  
    • Thank you for explaining my options it makes me wonder whether they know all of this and thats why theyre being so cocky and evasive. I have one of their names so I'll try and find where they live but i was hoping to ' Force' their hand and go for a Particulars of claim letter and then wait till the 7th day of that when theyd have no more time to waist and they would cave in and refund ... They definitely have something to do with Techzone Buxton as he has given a review on his FB page ... Ill have to have a drive up to the address on Companies house page  
    • VAG Group cars all hold the distance travelled in KM on the ECU, its selectable between KM and miles on the Infotainment display. 18000 Km is  approx 11000 Miles.   It's appears to be just a diagnostic OBD readout, if you had a an actual cylinder misfire it would be obvious, its not really an indication you have a fault. BankFodder is 100% correct 
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    • 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
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Am I entitled to get my deposit back for a nursery


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We registered our child with a nursery last year for a June 2024 start date. This was before how the new 15 hours free childcare was going to work. At the time my wife paid a £50 deposit. A few weeks ago they sent out an email about how the new funding was going to work. The nurseries can use it as they wish and they said if the child wants to come for one full day we still have to pay £50 and we can't use all the hours for one day. They also drastically increased their day rate. As a result of this we were looking elsewhere and have found a much cheaper nursery so we are changing. 

The original nursery now said you only get the deposit back if she starts because it comes out of the first month of fees. I don't think we filled any any form or anything so there were no terms and conditions. Are we entitled to get the deposit back or is it our fault for not asking what the terms were when we paid. 

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How did you pay the deposit?

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If they changed the terms and conditions of the original agreement in respect of which you paid the deposit then yes you can certainly recover it. 

Have you tried and have they refused?

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My wife has just found the registration form. It does actually say the registration fee is non refundable. However it also says that the registration fee is not applicable for funded only sessions. Obviously didn't see that when sending money as we would have challenged them why we are paying when it says we don't have to. can we dispute it on the fact we possibly didn't have to pay in the first place? 

Yes they emailed back but I don't know if the nursery manager is getting confused as she mentioned about the deposit being returned out of the first month's fees. This is a registration fee though, we didn't pay a deposit 

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I'm sorry but the whole story is getting rather garbled and I don't fully understand.

The situation is this:

If you pay a registration fee for a particular service and an you decided not to take up the service then the registration fee is probably lost.

On the other hand, if you paid registration fee for a particular service and they then change the service to something other than for which you registered, then you can recover it.

 

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