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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
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    • 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 has probably lost a Parcel again.


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Posted (edited)

Ive posted a parcel with Evri through P2G the broker.

The parcel has been sent to the wrong depot and seems to be lost as the tracking hasnt moved for several days and now past its delivery date so i have spoke to P2G who have opened a case to find out where it is and can take another 14 days untill i can claim.

I didnt take out the insurance so i suspect if they fail to find it i'll be offered the postage and thats it but i have all my dealings from last time i claimed against P2G so i think i can copy n paste the Letter of Claims from my previous claim from here and go from there .

 

But this got me thinking how would i stand if a parcel is lost abroad by the couriers 'Partner'   ?

i do send a few items abroad and luckily nothing has ever been lost but what if i didnt buy the insurance and the item was lost once it left the british isles while in the other couriors hands ?   are the brokers like P2G still liable if a parcel is lost abroad ?

Edited by ProperDribbly
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  • ProperDribbly changed the title to Evri has probably lost a Parcel again.

The missing parcel is Evri uk , it was going from Shropshire to Cornwall and has gone missing.

but it got me wondering as i also sent a parcel abroad the same day if that had gone missing where would i stand ...

 

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Why don't you begin by telling us all the details.

If you read around the stories on this sub- forum you will soon find out what we need to know and you will be able to give it to us quickly and without too much narrative.

Then we can advise you exactly how to go about getting your money back

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Posted (edited)

I thought i could just use ( copy and paste)  the terminology from my other post earlier in the year when i previously claimed against P2g .

 

The parcel hasnt been 'officially ' lost yet i have another 13 days before their 'investigation' ends and then theyll probably offer the postage back as i didnt take the 'insurance'

 

But to recap , 

The parcel was booked through P2g and sent with Evri.

No Protective Insurance was taken out.

The parcels value is only £48 plus postage of £3 and the value of the parcel was declared

The parcels tracking says while it was in Evri's system it was sent to an 'incorrect' depot and tracking would be updated in 24 hrs which it didnt and the delivery date passed, i then had a live chat with P2g who opened an investigation and im waiting to hear what's happened.

My only concern is,  last time i claimed P2g made it clear that in future i must take out their protective insurance which i gavent and im wondering whether this will ' complicate' things ...

 

Edited by ProperDribbly
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P2G can make clear whatever they want frankly, the judge isnt going to sit there and go “they told you to buy their insurance and you didn’t” and then dismiss your claim. 

I would say you should send a formal complaint then after 7 days sent a LOC.

Day 21 from now submit your claim on OCMC.

 

 

  • Like 1

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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Please will you start reading up on the stories on the some form especially the pinned post.
I have to say that I'm concerned that you feel that a warning from P2G is going to affect your rights and is going to subvert statutory law.

I think you've been here for a few months and I would have hoped that by now you would understand that terms and conditions must always be interpreted in the light of overriding statute.

Also I suggested that once you have done the reading on the sub- forum then you would understand the information that we would need in order to give you the best help.

The fact that you haven't told us what the item was suggested also that you haven't done the reading.

Please give us full details including identity of the item, value, where these properly declared? Dates – blah blah blah.

Don't pay any attention to P2G. Pay attention to us

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  • 2 weeks later...
Posted (edited)

.... So after a 14 day investigation with p2g i had a live chat with them yesterday ( 8th June) who said they didnt know where the parcel was but closed the case as i didnt take out their protectiove insurance.

 So now at 07.33 on the 9th of june i was repling to this thread with all the relivent information to start a claim and i check the tracking of the 'Lost' parcel for specific dates to find the tracking has updated and the parcel is now at the recipients local depot  ?

which is annoying because ive already refunded the buyer as i didnt want any negative feedback as it was an ebay listing and id want a refund if i was in his postion.

So i posted the parcel with Evri on the 20/5/24

 The delivery date was missed due to it being sent to the wrong depot and a case was opened on the 25/5/24

14 Investigation failed to locate the item in Evri's system and case closed on the 8/6/24

and now the tracking has updated on the 8th saying its at the recipients depot so is likey to receive it in the next few days ....

Typical.

 Oh well nevermind , thanks everyone

 

Edited by ProperDribbly
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Thanks for this update. Let's not if you have any more difficulty – in particular if you have difficulty getting paid back from the purchaser. We can help you either against the parcel delivery courier or against the purchaser

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Posted (edited)

Ive just checked the tracking again and its actually out for delivery today!

Anyway,  I refunded the buyer on Ebay off my own back on the 2nd of June they havent opened a case or anything like that so surely i cant take action against either the buyer or P2G/ Evri can i ?

Id hope the buyer would see fit and pay but you know what people are like these days ...

Once its delivered I'll send him a polite message asking for payment but i suspect there'll be no reply

 

 

 

Edited by ProperDribbly
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If the purchaser denies having received it then sue P2G.
If you simply don't hear anything more from the purchaser then you have the purchaser's name and address – and frankly for £48 I would go ahead and sue.

As long as you have good proof of delivery then your chances of success are probably better than 95% and frankly the purchaser would probably put their hands up as they would effectively be being sued for the civil equivalent of theft.

I wouldn't let it go if I were you.

It would be a good exercise for you and gives you confidence the next time something comes up which is may be much more valuable

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Wow thats incredible.

Thank you so much

It's just been delivered and I've had a live chat with p2g to get some proof of delivery,

they send me a picture of the parcel placed in a gas meter box which they class as a 'Safe Place' and not placed into the hands of the buyer,

which is either a good thing as the buyer can claim he never received It,

i can claim against p2g or a bad thing .

Do p2g have coordination's when taking pictures and scanning of parcels ?

I know Royal Mail do ...

I'm going to send the buyer a message and see what he says

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Yes, send a message to the purchaser but keep it very friendly and simply that you noticed that the package has now been delivered. 

I suggest that you ask them if they want to keep the package still or if they would rather return it and that if they want to keep it then please will they return your payment to you to your PayPal address.

Keep it as polite and friendly as possible and then we will decide what to do if he doesn't reply or refuses. 

Meanwhile I will have a look at Google earth and see if you are able to spot the gas meter outside the house to get an idea if the delivery is real. Get a screenshot

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I left a trustpilot review and P2g have emailed me with the obligatory apology and have refunded the postage costs and are will to give £10 extra pre pay as a good will gesture.

However, as i wrote this the Buyer has just txt me to say they have received the parcel ! 

obviously im now going to suggest that she pays via Paypal ...

I rang her this morning to see if it had arrived but she said she was on holiday and there was someone in her house she would have to contact to see if it had arrived which she obviously has ...

now i know its been delivered i cant go for P2g But i Can accept the extra £10 ...

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Wait until you get a refund from the purchaser before accepting anything else.

Please will you post up the text of the email that you received. 

Make sure that you look after the text that you received from the purchaser

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just fyi prepay is £10 credit for their site.

its not actual money you are tied to using on their site just fyi

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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Edit : 

I see what's happened its NOT to do with the Trustpilot review ...

What i did was on Saturday night after being told by P2g that the parcel had been lost is i sent an email saying that id like a refund and the £10 offer plus pre pay postage is to do with that ...

Ref: 

Good Morning Andrew,

Thanks for your Trustpilot review.

Unfortunately, as you did not purchase protection we cannot proceed with the claim and sadly you are not eligible for a claim settlement on this occasion.

A refund of the carriage has been processed.

I am happy to add £10.00 to your Prepay account, if you would like to accept this, please let me know and I will get this added for you.

I'm so sorry for the inconvenience caused by this.

I look forward to hearing from you.

Kindest Regards

Hannah Hogarth

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as you did not purchsse protection

 

mskes it sound like a bog standard 49/57/72 claim

  • Like 1

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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I would advise you not to accept anything that could be interpreted as being an acceptance that you have no more rights in the matter.
It is only 10 quid and anyway if it is being offered to you on the basis the parcel is lost – and it isn't lost, then you aren't being straight dealing with them and frankly it's not worth it.
If you end up having to go to court it could come back to bite you

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I should imagin im going for the buyer now she has accepted that its arrived.

Ive replied to her txt asking for payment and provided my Paypal email so im just waiting .

How long should i give her ?

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Probably about 7 days or so. Do you have her email address?

 

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theres a member email on ebay.

  • Like 1

 I do not hold any legal qualification.

Nothing I say is meant as or should be taken as legal advice.

 

 

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