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    • next time dont panic and wet yourself and offer payment !! Date of issue – 14 june 2024 date for aos - 2nd july  date to file defence - 16th july      other than the CCA/CRP and if it ever gets that far..a witness statement, you send them NOTHING and dont ever instigate comms with them. esp by email.. i would be sending one final email in reply to theirs above. PLEASE NOTE: email is NOT to be used for any comms with regard to our mutual court claim. else they'll be sending a whole forest of faked agreements/documents to you one minute before a court deadline removing your shace to object/pull them apart as unenforceable etc. dx        
    • Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week. AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However their reply states:  A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.  You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024. I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?
    • when is your mediation? honestly I don't think that the ups case is much use actually because it concerns third party rights BUT  as we know now the contract for packlink is direct and there are no third parties rights at all so you don't need it, and frankly the really helpful one will be from @occysrazor case but I don't know if they have it. expect evris mediation to be a complete fail yes
    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
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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.

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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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Another victim of UK169/Auto Essentials/Ecu solutions AKA Jack Wilkinson


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I have been in the motor trade for 35 years and have used hundreds of companies for a variety of repairs, only once have i had a major problem which i sorted out in County Court and won.

I had a Vauxhall Insignia with an engine fault and advertised on 1st Choice car repairs site for a repair.  Jack, actually his alias Lee contacted us with a quote which we accepted. We transported the car to Unit 4/18 Burnt Mills Road North Benfleet SS129JX expecting its return within the promised 28 days.

I have had every excuse you could possibly imagine, in the last 2 YEARS!! as to why the car is not repaired. Ecu faults, Ignition faults, Gearbox faults, Exhaust faults, Wiring chaffing faults, Communication faults, Cancer treatment delaying the repair, medical treatment in Turkey delaying the repair, Covid delaying the repair!!

The man is a pathological liar and a fraud. He is now refusing to tell me where the car is and refusing me access to collect it. He is under investigation by trading standards dept Jasper Singh officer in the case but he just keeps getting away with it. Police say its a civil debt and not a criminal offence.

1st choice do not want to know, they refuse to do anything other than request the car be repaired directly by UK169 which is of course ignored

I found recently all the posts on this site about Jack and his tactics but it was too late. To date i am £6200 out of pocket to this man and it appears the law is powerless to deal with dishonest rogues.

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Do you want help with this?

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15 hours ago, Ossie2408 said:

He is now refusing to tell me where the car is and refusing me access to collect it

 

15 hours ago, Ossie2408 said:

Police say its a civil debt and not a criminal offence.

Sounds like theft to me, which is a criminal offence.

Why not go back to the police and report the vehicle as stolen?

We could do with some help from you.

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If the OP wants some help with this then he ought to engage with this thread.

Contacting the police is the obvious way to go and that should be done in any event at least to obtain a crime number but it is unlikely to result in any particular success.

I would suggest an action for conversion under the Torts (Interference with Goods Act) 1977. On the basis of what we have been told here, the chances of success are pretty well 100%. The only problem will be that of enforcing the judgement that it will be a very good start.

Of course we haven't been given any details about the car and particularly its value et cetera so we don't know how much such an action would cost to bring and that might affect the OP's decision whether or not to make the claim but the successful outcome is pretty well guaranteed.

I don't understand why the OP who apparently is an experienced car mechanical engineer as allow this to go on for two years. That is quite extraordinary.

We need to know the whole story if the OP wants any help. Otherwise we are all wasting our time and of course other people will become victims of this same person.

If the OP has simply come onto this forum to add a story and effectively to do a hatchet job on this car repair person then that is pretty unhelpful because that's not what we do.

That's what social media such as Facebook et cetera are for.

If the OP doesn't come back and tell us the story and the details that we need so that we can set about attempting a solution, then our time is effectively being wasted in exactly the same way that his time is being wasted by this car repairer

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Hi,

I am not trying to use this site to vent a personal grudge nor do I use social media as a vendetta platform. Everything I have written is true about this man and his companies.

Essex police have now agreed to investigate but as yet trading standards department have not replied to my complaint. I have 52 txts and over 100 phone calls as evidence.

As I am in the motor trade I understand that some repairs can be very complicated and time consuming. Lee/Jack initially stated the repair would take some time as sourcing the crankshaft shells etc was difficult but he was confident he would do so.

I gave him 3 months without chasing him. He eventually circa November 2022 said he had an engine and it was fitted but the car had a fuelling problem. This is where the lies started. Since that date I have had to chase him every 7-28 days.

He told me in circa March 2023 that he could not honour the initial quote of £1895 and the final bill would be circa £3000, I agreed on the proviso that the car would be finished and ready for collection within 28 days. I agreed to this price increase because the car was depreciating rapidly and it was a matter of damage limitation as to my financial loss when I could sell the car .

Since that date I have been told that the ECU was burnt out but he had it repaired, The wiring harness from ECU to central control body was burnt out, the wiring behind the dash was snagged and crimped, the engine was leaking oil on 4 separate occasions and had to be removed every time,

he was away in Turkey have medical treatment, the exhaust was full of oil, the exhaust was wrong, the ignition module had lost signal from the keys, he had surgery for cancer, he is having treatment for cancer, his workshops are not answering the phone, he and his staff have all had Covid  etc etc ........... Exactly the same excuses that all other posters have previously reported. 

He has refused to give me the address where the car is , he just said it was somewhere else. I have tried to send engineers to the delivery premises but was told I was wasting my time as the car had been moved. I have tried to meet him personally but he has no office and avoids the conversation, says hes busy and finishes the call.

The point of my post is to warn others of this mans MO.

I will now make it my mission, as I have recently retired and genuinely have received cancer treatment, to stop this man on every site I can from his deceitful and dishonest acts.

If anyone can supply me with any more information as to his other company names and his address then more detail will help put him out of business.

Unfortunately, 1st Choice car spares/repairs the on line site that he contacted us through are not interested in blocking him and just ignore your complaints, I think a police action might change their minds.

I am exactly, including delivery, £6740.80 out of pocket. This is as a result of trying to be honourable.

 

 

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Nobody disbelieved you – and I was fully aware of what you are trying to do.

However, back to the question – would you like some help with this?

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Thanks for your kind offer but I will see who the police deal with the matter first.

I have tried to track this man down but it appears he has no trading address in his name, no social media platform, a ghost.

I will post any further updates when I have them.

Regards 

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Well we are here to help you if you can find out some information about him. 

A trading address is not necessary but a residential address is essential. 

Have you looked up to see if there have been any judgements against him.

Search the registry trust although it costs about 3 quid per judgement. 

You might be able to find out to what addresses the documents have been served

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Could you provide me with the website details please

Done the checks and no ccj records, like I said he’s a ghost

Essex trading standards department have now given me a reference and are investigating this man/companies.

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WWW.TRUSTONLINE.ORG.UK

 

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its worthy to note this would be a business to business claim.

dx

 

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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Surprise surprise, Lee/Jack text me this morning to say I could collect the car Saturday. I am going Monday so will see what sort of state it is in.

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