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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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Hermes lost return item for Amazon


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Your action here is against Amazon because use their return system, their label, and effectively it is a matter between them and Hermes.

Of course there will be a dispute as to whether or not you have tried to steal the monitor and simply return an empty box – but eventually I'm sure you will succeed, partly because Amazon are really too big that they are going to want to try and haggle over it.

On the other hand, Amazon can turn nasty and they can start closing accounts if they feel that they are being abused.

Have you got a pattern of having returned items to Amazon? Or is this the first time?

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Thanks for the update.

 

I'm pleased that it has been sorted

I suppose it could happen with any career but Hermes certainly seems to be the worst.

If you going to use Hermes then best to deliver it to 1 of the parcel shops where somebody will confirm the weight et cetera. Or as you say, take it to a post office.

We've had two or three people on this forum have been blocked by Amazon for returning too many items – although they return far more than you appear to have done.

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Don't forget that Hermes deliver millions of parcels every year and most of them are delivered successfully. Of course it seems that when things go wrong then they are very bad at handling their customer service.

It seems to me that they have the same mentality as Currys PC World whose complaints in litigation are run by some internal company called DSG.

They seem to take everything personally and they seem to get pride from placing obstacles in front of their customers to really test them so that only the most persistent get their settlements.
Same story with Hermes.

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