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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 
      • 81 replies
    • 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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Ebay Laptop ended up as books - contents swapped and stolen by Evri


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Have a very thorough read of the EVRi stories on this sub- forum and especially follow the link – EVRi – in order to understand the principles.

Once you have done the reading and when you have had the response from EVRi then come back here and we will take you through the next step which will be a letter of claim.

 

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  • 3 weeks later...

I think that your letter of claim should be much more succinct and certainly not referred to the experiences of your addressee .

 

The letter of claim should be far more direct .

Quote

 

Letter of claim

 

On xxx date I sent a parcel containing xxx value. #Xxx, your reference number. Xxx to a UK address .

When the parcel arrived, it was found that the contents had been replaced with a number of books.

It can only be assumed that the laptop computer which the parcel contained was stolen .

You have refused to reimburse me for the value of my stolen property .

If you do not reimburse me in full within 14 days then I shall begin an action in the county court to recover the full value plus costs plus interest and without any further notice .

Yours faithfully

 

 

 

 

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Have you got photographs of the books and of the parcel wrapping etc ?

 

 

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That'll do.

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Of course it's a matter for you – but it does politically require confidence and certainly doesn't require brainpower.

We have helped lots of people into victory and when people are assisted by us, nobody loses.

If you want to continue then we are happy to help you. Not only that, but you will start to understand something about a procedure which will put you in a better position if you have to deal with retailers or service providers in the future – because it's all broadly the same.

 

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