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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Used Parcel2Go - Evri Lost Parcel value £280 !!


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We can help you get your money back, but first of all, please spend at least a couple of days reading through the many stories on this sub forum so that you fully understand the principles.

 

When you have done that come back here and we will take you through next the step

 

Also, what is the value of the items? Was the value correctly declared and was the item correctly identified

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Ok, send them an initial letter of complaint.

Don't give any deadline. If you get knocked back or don't get any reply in about 5 days then we will send a letter of claim.

 

Draft a letter of claim and Post it here so we can have a look

Incidentally, you will only be able to claim for your declared value

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Email is fine 

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Sorry to get tough – but I initially recommended that you do lots of reading and you responded that you have done it.

The fact that you are asking this question makes it very clear that you haven't done the reading.

Please do the reading, this is a self-help forum and although we support you and guide you, it is up to you to understand what you are doing by reading the experiences of hundreds of people here before you and who have all succeeded.

Where is your draft letter of claim that I asked you to prepare?

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First impression is that this is not a letter of claim because it does not lay down a deadline by which you will sue them in the county court. Normally 14 days

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Please could you tell me where you found this guidance and give us a link to it.

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50 minutes ago, Rake722 said:

 

 

Letter Of Claim:

Parcel to go shipment  reference P2G114502299

 

I am writing this letter of claim in accordance with the pre action protocol for debt claims.

On the 26/4/2023 I employed Parcel2go to deliver a parcel to United Diesel Fuel Injection Services on a next daye deliveryThe value was declared as £200.

On the 2/5/2023 I was informed by Parcel2Go that the parcel had gone missing and that they were making enquiries with the delivery company as to the whereabouts of my parcel.

On the 9/5/2023 I was informed byParcel2Go that the courier was unable to locate said parcel and that I was to consider it a total loss. As such Parcel2Go is in breach of the contract I had made with them to deliver the parcel to its final destination.

This has caused a loss of £280 which is the price I paid for said injectors contained in the parceI.

I enclose the receipt for said purchase totaling £280.

 

The outstanding Debt of £280 can be paid to the following account details.

Ronen Ilan Goodfriend

Sort Code 40-29-03

Account Number 81322923

 

Payment must be made by the date no later than 5/6/2023 or I will have begin court proceedings in the county court.

 

If I do not receive reimbursement in full within 14 days of this letter, I shall sue you in the County Court for the value of the item which you have lost plus interest plus costs and without any further notice

 

Yours Sincerely

R I Goodfriend BSc.

 

enc: receipt for £280

 

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  • 2 weeks later...

Well done. Get ready with the particulars of claim

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Quote

Dear David Schnur

Thank you for your letter of the XXX date containing a cut-and-paste job of some of your terms and conditions.

Of course anybody with a minimum of legal experience would realise that your terms and conditions are not enforceable and in fact I have at least one County Court judgement against you which confirms this.

I have others against other companies which confirm the same principle.

I have given you 14 days and the clock is ticking.

Once I issue the claim I shall be declining mediation and I shall go to court to obtain another judgement against you and this will be published over the Internet.

Goodbye

Tick-tock tick-tock

Signed

 

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