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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

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stokie63

stokie63

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did any of these cases ever get a court apperance? i read alot of claims on here and wondered if any actually got to a court case, i,m going through it now and have told them take me court based on their evidence its pathetic, they sent me pics of a windowsill with ash on (laughable) and have 2 cleaners statements.

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Consumer dude

Consumer dude

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did any of these cases ever get a court apperance? i read alot of claims on here and wondered if any actually got to a court case, i,m going through it now and have told them take me court based on their evidence its pathetic, they sent me pics of a windowsill with ash on (laughable) and have 2 cleaners statements.

 

If you didn't do it, ignore it..

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stokie63

stokie63

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If you didn't do it, ignore it..

 

couldnt ignore it made my blood boil with their pathectic letter and photos they sent me i sent them a proper pic of what fag ash actually looks like on a surface and told them the two were worlds apart and also told them of the watchdog programme and pasted quotes from the article from the consumer legal expert.

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BankFodder

BankFodder

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couldnt ignore it made my blood boil with their pathectic letter and photos they sent me i sent them a proper pic of what fag ash actually looks like on a surface and told them the two were worlds apart and also told them of the watchdog programme and pasted quotes from the article from the consumer legal expert.

I think that this is the best approach. Get feisty with them and make sure that they realise that it will cause them trouble and expense.

 

Let us know if you hear anything more.

 

These people are a complete nuisance

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stokie63

stokie63

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I think that this is the best approach. Get feisty with them and make sure that they realise that it will cause them trouble and expense.

 

Let us know if you hear anything more.

 

These people are a complete nuisance

 

i will let you no i also told them that if they dont prove their case in court, us and our freinds who stayed in the same hotel and are my witnessess will be claiming of them all our expenses occured on the day i sent this via email as i wouldnt waste the cost of a stamp on them.

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stokie63

stokie63

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i,ve now recieved another letter from crs they have advised me to seek legal advice on this case and the evidence that their clients will rely on, and told me that their client will be claiming the full amount£150 interest, court fees and legal costs, even tho i told them no further correspondence i wanted with them.

 

i,ve now got 7 days to pay or in their words "they will refer this matter back to our client to obtain instructions as to whether or not they wish to issue court proceedings, these proceedings will be issued with no further warning to yourself"

 

i,m not responding to the letter but any advise would be greatfully appreciated.

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renegadeimp

renegadeimp

Posted
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If, Might, May etc etc. It's a standard threat letter. If they are going to take you to court, they would need a hell of a lot more evidence than a simple photo which could have been taken anywhere at any time.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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KittyS

KittyS

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Hi Stokie

 

We are in the same situation as you right now. I told CRS we didn't do it, they have come back with a copy of a signed 'witness statement' from the receptionist saying the cleaner told her she could "smell the smoke of the weed" in the corridor so they went in the room. The statement is really badly written, obviously written by a non-english speaker. The letters from CRS mentioned smoking in the room, but the witness statement is clearly insinuating we smoked cannabis. I have written to them once and will write one more time to deny it now they've sent this statement. But I don't intend to pay, it's a joke.

 

Let me know how you get on. Hopefully they don't take me and you to court!

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renegadeimp

renegadeimp

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IGNORE them. Seriously. Dont get into arguments with them. Google the watchdog program relating to this issue and you'll see what we mean.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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stu007

stu007

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Hi

 

Have to agree Ignore them.

 

Something to bear in mind that witness statement from the receptionist aint worth the paper its written on why its the cleaner that has made the claim of you smoking so why aint they provided a statement from the actual witness.

 

If they provide photographic evidence and it aint time and date stamped that would also be just toilet paper as it could be a stored photo being used against any customer they want to try and bleed money from.

 

Ignore these idiots.

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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stokie63

stokie63

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i wrote to them twice and told then to not contact me again, but they did with a 3rd letter i am not replying to them, they sent me 2 very badley written cleaner statements saying they could smell smoke in the room, and 3 of the most pathectic photos of ash on a windowsill, belive me they are bad i nearly fell of my chair with laughter when i saw them, in the 3rd letter they told me to take legal advice and that i was relying on the watchdog programme to clear my name, how stupid is that statement? i will see them in court if they want to if they were that bothered sure they would have sent the letters by recorded mail they didnt even do that idiots.

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andydd

andydd

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If, Might, May etc etc. It's a standard threat letter. If they are going to take you to court, they would need a hell of a lot more evidence than a simple photo which could have been taken anywhere at any time.

 

Anyone with any sense would write a letter and then say I WILL pursue court action and then actually do it !. All these ifs, buts and maybe's imply that they have no intention of going anywhere near a court room, their practise is similar to the speculative invoice model used by such greats as ACS Law and our friends, RLP..nuff said.

 

Andy

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andydd

andydd

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Personally I'd write back, saying that you welcome the court action to clear your name and that you would be seeking the maximum amount of costs permissable, and throw in that you were a loyal customer but you have been treated with contempt and that you will never be visiting their chain of hotels again :)

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stokie63

stokie63

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Personally I'd write back, saying that you welcome the court action to clear your name and that you would be seeking the maximum amount of costs permissable, and throw in that you were a loyal customer but you have been treated with contempt and that you will never be visiting their chain of hotels again :)

 

i have done that.

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