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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
      • 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
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Hermes parcel on 3 week journey across UK


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send them a letter of claim.

give them 14 days and then issue the proceedings.

Youknow how to do it.

You've done it before and we will support you all the way

 

 

 

And by the way you claim the cost of the parcel the cost of packaging and also the cost of delivery plus interest

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By the way, if you are going to do this and of course we will be extremely enthusiastic to help you – then I'd like to ask you for some help in return.

There is a private Facebook group https://www.facebook.com/groups/hermessuck/ with over 10,000 people now who are complaining about Hermes.

I'm very dismayed because it seems to have turned into a talking shop where people gripe and complain and make threats and say they going to accuse Hermes of fraud and get the police involved blah blah are but of course all of this is impossible and nothing ever happens except so far as I can tell people get fatigued and eventually dropout and take their losses on the chin.

If you decide to go ahead with a claim against Hermes – then it would be great if you would join the group – and then tell people your story there and then tell them step-by-step what is happening and what the developments are as you threaten Hermes and hopefully eventually get your money back, even if it takes a court claim.

It might persuade a few people to come over to this forum.

The administrator of that group is happy that I am posting on behalf of the CAG and trying to encourage people to take action so there's no problem there. But despite all the encouragement, frankly very few people have come over and have decided to get tough with Hermes.

Of course this is why Hermes gets away with it all the time.

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I've removed some remarks which I made earlier on in this thread and I realise were really quite over harsh.

I'm sorry

 

I'm curious to know though – what is the attraction of Resolver?

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What was the actual value of the item?
Was the value of the item correctly declared?

You've already had some experience issuing a small claim so you should feel reasonably familiar and confident about doing it again if you want.

Although it's only a very small amount, your chances of success are better than 95%. Do you feel sufficiently annoyed that you are prepared to take this action?

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I assume that you have got all the correspondence which shows that you have tried to get a claim form and that they have either refused or failed to respond. I assume that you have evidence of all the contacts that you have made with Hermes.

Given the very small value of the item, I would suggest that you wait a week – but after that, you should consider sending a letter of claim. Despite the low value of this item, I think it is worth making trouble for Hermes. I'm sure that Hermes lose a huge number of very small value items and people just give up because they consider it isn't worthwhile.

I'm absolutely sure that if you issued the court papers that Hermes will put their hands up and you would get your 9 pounds plus interest plus your court fee – and it would deliver another little slap to Hermes

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What makes you think it's ignorance and not a deliberate and systematic ploy to deprive people of their legitimate compensation?

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