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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 lost ebay parcel worth £60 ish and I'm going to sue them :) - ** RESOLVED **


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Hi all,

Evri have lost a £60 parcel I sent on ebay with a label purchased direct from Packlink (through ebay) without any "insurance".

I'm acting as a consumer (non-business) seller but am also legally qualified, albeit currently not practising, and without any significant professional experience of disputes or consumer litigation.

I'm therefore on the level of a reasonably-well-informed non-specialist.

I see this extremely helpful forum is all about holding Evri to account so I thought I'd post here.

I intend to issue a small claims court claim against them in due course.

My initial query is do Evri have a working email address so I can serve the letter before action on them (as well as by post)?

My other initial thoughts:

- When one purchases a shipping label direct from ebay,  you currently see Packlink's terms and conditions but NOT Evri's terms and conditions.

Packlink's terms do make reference to the existence of other terms and that you accept those terms, but they are not disclosed.

I imagine that Evri will struggle to enforce it's limitation of liability given that these weren't disclosed prior to purchase.

When purchasing the label there is a comparison table saying for Evri "Compensation: Up to £25" but without explanation (even in the small print) of what this means.

- Packlink's terms also suggest that you are entering into a contract with Evri directly.

If accepted, this potentially avoids the need to establish standing under the Contracts (Third Party Rights) Act before suing Evri.

- It also seems to me that a negligence claim against Evri may have some merit, and doesn't require establishing any contractual nexus.

- Although Packlink's terms say ebay isn't a party to the contract, I'm considering whether they can be brought into the claim somehow. 

Finally I appreciate this isn't a particularly cost effective use of my time, however, this is personal and I want to hold Evri to account.

I'll keep this updated as I progress!

Thanks :)

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Ironically,

2 weeks after no updates the parcel has been located and delivered today!!

maybe the Evri system is not as bad as it used to be (for me, at least...).

Annoying that I spent 3 hours yesterday brushing up on my consumer legislation, but at least I'm well equipped to handle any more issues going forwards!

Apologies to have used up the forum's bandwidth and feel free to mark as "resolved".

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  • honeybee13 changed the title to Evri lost ebay parcel worth £60 ish and I'm going to sue them :) - ** RESOLVED **

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