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    • @tobyjugg2 If you go back through this thread, there was speculation towards end of April that Sunak was looking at GE for end of June or early July. And that the GE would be announced after end of May Bank Holiday. I think many connected  to Tory party will have known about possible plans for a July election. My local Tory party had election leaflets through doors a few days after the PM's announcement. So this indicates that they were ready. There were articles in newspapers including The Guardian saying they had heard about July election. And you linked to a online article months ago saying Tories would lose to a Labour landslide where polls at the time were quite simular to current polls. So the polling has not changed as the mood of the country has not changed.  Some think Sunak will be first PM to lose their own seat.
    • More great news although that Boris the crooked liar can still garner that many votes does give even putin apologist frightened farage some hope in a seat somewhere, anywhere across the country - even if he never intends to be there eh?  
    • As I say thanks for your responses so far but this forum is not for me. Please delete the thread
    • Incidentally, don't imagine that your reasoning above will make an iota of difference to Evri. In fact they are probably not even capable of understanding it. However, you must understand the reasoning. This is essential because you will be bringing your case. It is highly likely that it will go to trial and you will have to have sufficient control over the law and the logic to be able to put it to the judge in a persuasive manner and also to answer the judge's questions in a competent fashion. You will have to issue a legal action so once you have sent the letter, start preparing your particulars of claim. Let's do one thing at a time.
    • Firstly, please will you note that when you post solid blocks of text, it makes it very difficult for people to read – especially on a small screen such as a telephone. The first post you made has already been restructured with paragraph spacing by the site team. Everything we do is free – and would be pleased not to have to do this kind of thing again. I'm restructuring your most recent post is well. I've looked at the four-page document you have posted above. I only want to deal with the letter of claim so far. We know that laptops are on the non-compensation list – and as you have referred to that, you may as well then go on to make your legal points and explain why the non-compensation list is irrelevant. Of course Evri are monitoring the thread so they will know about it anyway. But the whole point is that not only would the insurance requirement – had it been available – have been contrary to section 57 and that it would have been an attempt to exclude or limit liability, also trying to include a huge list of items for which they say they will not compensate you if the fail in their duty to exercise reasonable skill and care is also a breach of section 57. Particularly, as you declared that it was a laptop. They then effectively alerted you that it was on the non-compensation list. This was the equivalent of alerting you that you should be careful because even if the breach the delivery contract and failed to exercise reasonable skill and care, because it is a laptop, they will exclude liability and even though that is contrary to section 57 of the Consumer Rights Act and therefore unenforceable. So in effect they are committing two breaches of contract. First of all they have failed to exercise reasonable skill and care – breach number one. They then have attempted to exclude liability for their breach number one – and that then becomes breach number two. In fact the bar is raised even more because they have the option to refuse to take the laptop because you declared it. They still were prepared to carry it. Not only that, if they consider that there is some additional risk in carrying a laptop then being alerted they should have taken extra reasonable skill and care. In other words, being aware of what they were carrying impose on them a greater duty of skill and care than they would be required to exercise, say, delivering a hairbrush. And then to top it all, – in case we need extra help – not only is their non-compensation list and their agreement to carry your laptop without any liability a breach of section 57, the use of a non-compensation list where they knowingly accept to carry those items and yet disclaim liability for their own failings is an unfair term contrary to the unfair terms provisions of the 2015 Act. Therefore I suggest   have a look at what I have suggested above. Ask questions. Make sure that you agree with everything. Everything is true and correct. Let us know if you think that there should be anything else or if anything should be left out
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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 
        • 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

Community Fibre. - Blocked from escalating problem to a manager


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Please can anyone point to some good advice on what to do about the following call centre issue:
 
a) You call X company about a problem
b) You can't resolve it with the call agent (due to their fault/limitation/poor communication)
c) So you ask to escalate to a manager
d) They tell you there are none available right now, but they'll get one to call you back within X time (eg 24/48 hours)
e) You wait the full time allotted, but no call comes
f) You call again, and start at A, only to repeat the steps with no hope of escalation or resolution.
 
I know that I can write to them, but is there a more immediate way to get the attention of a manager or member of senior staff when trying to resolve a non-straightforward issue, with more immediacy, as well as actually speaking to a genuine manager?
I invite advice, links & discussion - I bet many of us have experienced this or similar, so a solution here could be helpful to many I'm sure! 😇
 
Thanks in advance to all who engage with this!
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Does it really matter? Unless it becomes explicitly relevant / needed, I'd rather avoid naming them just yet, but if it helps they are my internet supplier.

But I've encountered this with several companies in the past; so it seems to be a common tactic.

I'm interested in hearing a general good way to deal with this tactic, if anyone has such a thing! 😆

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moved to the broadband forum.

stop being secret squirrel then we can help you.

you were also asked this on the facebook forum.

dx

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I agree with my site team colleague above. We need to know all the facts including which company you are dealing with and an explanation of the problem.

It really is too difficult to start giving speculative advice on some speculative problem that you have laid out as a generalised scenario

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Ok, sure!

The company is Community Fibre.

The issue is that while my internet speed from tests is extremely fast, I still experience delays in loading websites, connection issues on conference video calls, etc.

I called & spoke to an agent, who had extremely poor communication skills and kept misunderstanding the problem & going round in circles.

After half an hour of this, I asked if I could speak with a manager, but was told none was available.

He eventually promised one would call me back within 24-48 hours, but no call came.

I have now written to them explaining everything, 

I am waiting for a response (I have an acknowledgment of the complaint).

The 'manager will call you back' is a broken promise I've experienced a few times from different call centres/companies over the years, which is why I was curious how others have dealt with that & if there's a good general approach to this.

Virgin Media (whom I was with in the past, and had a number of issues) were notorious for a whole range of awful examples of customer service, and this was their favourite it seems!

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  • dx100uk changed the title to Community Fibre. - Blocked from escalating problem to a manager

title updated

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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